In re Hatcher
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[Cite as In re Hatcher, 2002-Ohio-4469.] IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WILLIAMS COUNTY In the matter of the application of Angela K. Hatcher, n/k/a Angela K. Walker, Petitioner Court of Appeals No. WM-02-015 DECISION AND JUDGMENT ENTRY v. Decided: August 22, 2002 Dale W. Hatcher, Respondent * * * * * Eric A. Mertz and Jennifer N. Brown, for petitioner. * * * * * SHERCK, J. {¶1} This matter is before the court on the petition of Angela K. Walker, f/k/a Angela K. Hatcher, for a writ of habeas corpus. {¶2} Petitioner states that the Williams County Court of Common Pleas issued an ex parte order awarding temporary custody of petitioner's two children to respondent, petitioner's ex-husband Dale W. Hatcher, pending an October 7, 2002 hearing. {¶3} The use of habeas corpus in child custody cases is the exception and may not ordinarily be used as a substitute for appeal. McNeal v. Children's Serv. Board (1992), 64 Ohio St.3d 208, 210. Moreover, R.C. 2725.05 directs that the writ not be allowed when custody is, " *** by virtue of the *** order of a court of record [that has] jurisdiction to issue *** the order ***." {¶4} Petitioner has an adequate remedy at law, through appeal, and the order to which she objects is from a court of record with proper jurisdiction. Accordingly, as a matter of law, her petition is its insufficient on face and is, hereby, dismissed at petitioner's costs. WRIT DISMISSED. Peter M. Handwork, J. ____________________________ JUDGE Melvin L. Resnick, J. James R. Sherck, J. CONCUR. ____________________________ JUDGE ____________________________ JUDGE 2.
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