Trader v. Dear

I am compelled to concur in the opinion of the Court because the Legislature has enacted a law which, under the circumstances of this case, compels the trial court to grant the writ of habeas corpus without regard to the best interests of the child.1

It is obvious from the number of cases which have reached us on this same point that numerous members of the bar and trial judges have either overlooked Section 14.10 of the Family Code, effective January 4,-1974, or have chosen to ignore it.2 The same is true to some extent with reference to Section 11.05(a) of the Family Code, which, subject to…