Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section has the court review a habeas petition promptly and issue the writ if it has jurisdiction, the petition is meritorious and another proceeding is not more appropriate — and notify the petitioner if it declines.
(a)The judicial authority shall promptly review any petition for a writ of habeas corpus to determine whether the writ should issue. The judicial authority shall issue the writ if it appears that:
(1)the court has jurisdiction;
(2)the petition is meritorious; and
(3)another proceeding is not more appropriate.
(b)The judicial authority shall notify the petitioner if it declines to issue the writ pursuant to this section.
End
Amendment History
(P.B. 1998.)
Plain-English Summary
Before anything else happens, the judicial authority promptly reviews the petition to decide whether the writ should issue. It issues if three things appear: the court has jurisdiction, the petition is meritorious, and another proceeding is not more appropriate.
The third condition is the family-law one. Habeas is a summary remedy, and a custody dispute that belongs in an ordinary custody action should be brought there.
If the court declines to issue the writ, it must notify the petitioner. A petition does not simply go unanswered.
Frequently Asked Questions
When will a Connecticut court issue a writ of habeas corpus in a family case?
If it appears that the court has jurisdiction, the petition is meritorious, and another proceeding is not more appropriate.
What happens if the court declines to issue the writ?
The judicial authority must notify the petitioner.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 25-41). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:preliminary review habeas petition ConnecticutPractice Book section 25-41when writ of habeas corpus issues CT family