A writ of habeas corpus is a legal tool that a person can use to enforce a superior right of possession to a child. Fill out the Petition for Writ of Habeas Corpus to Return Child.Court Order for Conservatorship of the Child(ren). Choose one: Check (1) if you are claiming superior rights under a court order. This legal action demands that a person who has your child must appear in court with the child and justify their actions. In child custody cases, parents or guardians can use the writ of habeas corpus to contest the legality of custody arrangements. The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty. In Texas child custody cases, a parent may file a Habeas Corpus writ if the other parent is violating a custody order. These instructions explain the steps to request a Writ of Habeas Corpus and an Order Returning a. Child. It also asks the judge to issue a Writ of Habeas Corpus, ordering the Respondent to bring the child to court for a hearing.