In re Fisher

In this habeas corpus proceeding, relator seeks the return of infant children now in the custody of the Fulton County Department of Social Services.

The issue to be determined is whether or not the Family Court acted without or in excess of its statutory authority or in violation of constitutional rights. In that event, this court can review and modify or undo the Family Court’s act (People ex rel. McKay v. Barbaro, 63 Misc 2d 138).

Under article 10 of the Family Court Act, the Family Court has exclusive original jurisdiction over child protective proceedings (§ 1013). This article is “…