Another question frequently asked by BHH supporters is “Why doesn’t Anthony just petition for custody of Hailey?” I assure you, he has. Shortly after the prospective guardian’s counsel filed the Rebuttal Points & Authorities in Support of Petitioner, Anthony’s counsel went for the jugular and filed a Petition for Habeas Corpus of Minor. Translation? “You have no legal right to Hailey, so give her back!” Although typically used to bring a prisoner or other detainee before the court, this legal action may also be used in various types of custody matters.
The decision to return Hailey at this point should have been “so easy, a caveman could do it”, yet here we are, nine (9) months later and Hailey still has yet to be returned to the only parent that has any legal right to her. Every possible objection raised by the prospective guardian has been effectively squashed. So, what in the Habeas Corpus is the problem!?
From my perspective, I am disgusted and appalled at the total disregard the judges involved in both the adoption and now guardianship have for the very law they have been sworn to uphold. I am especially disturbed by the Probate judge’s lack of respect for the higher court’s decision. I once read this judge indicated he did not agree with the higher court’s decision, so he proceeded to handle the case as he saw fit (and ultimately cross-purpose to the high court’s instructions).
But, “rightfully, wrongfully…it doesn’t matter” (even according to petitioner’s counsel in her Rebuttal P&A in Support of Petitioner), his duty as a judge was to carry out the instructions of the Appellate Court and issue orders consistent with their decision. He is not paid to agree or disagree with it, only to act!
Let me provide you with another example of how this judge is mishandling this guardianship. The Habeas Corpus was filed June 29, 2012. ALL HC’s (criminal or custody) MUST be ruled on, by law, within 60 days of filing. The judge didn’t. Anthony’s counsel filed a “Request for Ruling” at the 103+ mark. The judge said he would rule Nov.8 (one day short of the “Request” deadline. On the 8th, the judge said that the HC was “not ripe” and too early to rule on. HE CAN’T DO THAT. If any court in the land tried this crap in a criminal case the ACLU and everybody else would be up the courts behind big-time. What he is trying to do is grant the guardianship/custody FIRST so that the HC, at that point will be moot.
The facts in this case are clear, they are convincing, yet they are being blatantly ignored. While you can certainly draw your own conclusions about why a seemingly open and shut case has been allowed to drag on, I will leave you with this.
At this point, I feel it all boils down to grown men/women and their egos and ultimately not wanting to acknowledge an egregious error was made. Now the question becomes whether saving face is more important than Hailey’s best interests. As I continue pouring over the facts in this case, it certainly seems that ego is triumphing over POOR Hailey.