Harvey v. Harvey

Marshall, Justice.

The plaintiff-appellee, a resident of South Carolina, filed an application for writ of habeas corpus in February of 1979 against her former husband, defendant-appellant. In the application, the plaintiff alleges that she is the legal custodian of the parties’ minor child under their divorce decree and that the defendant is illegally retaining custody of the child in Georgia without her consent. The plaintiff seeks custody of the child. In addition, she seeks an award of attorney fees and the costs of prosecuting the action, on the ground that the defendant has acted in bad…