The court or judge may make any temporary orders in the cause or disposition of the party during the progress of the proceedings, that justice may require. The custody of any party restrained may be changed from one person to another, by order of the court or judge.
§ 1351.Temporary Orders - Change of Custody
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1351 lets the court or judge make temporary orders during a habeas corpus case and change custody of the restrained person from one person to another whenever justice requires it.
Full Text of § 1351
Amendment History
R.L. 1910, § 4902.
Plain-English Summary
Section 1351 gives the court flexibility while a habeas corpus case is still pending. The court or judge may make temporary orders concerning the cause, or concerning the restrained person, as justice requires while the proceedings move forward.
That flexibility includes changing custody outright - the statute lets the court move the restrained party's custody from one person to another by order, without waiting for a final decision on the merits.
Frequently Asked Questions
Can a court change who has custody before the case is finally decided?
Yes - Section 1351 lets the court change custody from one person to another by order during the proceedings.
What kind of temporary orders can the court make?
Any it finds justice requires concerning the cause or the disposition of the restrained party while the case is pending.
Does this come up in child custody habeas cases?
The text isn't limited to that setting, but its temporary-custody power fits disputes such as those over a child just as it does other habeas corpus matters.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: temporary custody order habeas corpus oklahomachange custody during habeas corpus casetemporary orders pending habeas corpus