John Doe and Ann Smith Doe v. Jane Doe, on Behalf of Her Son, Jack Doe

WIDENER, Circuit Judge:

John Doe and Ann Smith Doe petition this court to grant a writ of prohibition or mandamus prohibiting the District Court for the Western District of Virginia from exercising jurisdiction over a habeas corpus petition in the case of Jane Doe, on behalf of her son, Jack Doe v. John Doe and Ann Smith Doe, No. 80-0089(R). We find petitioners’ contentions well taken.

John Doe and Jane Doe were married in June 1967, and that marriage produced a son, Jack Doe, in June 1971. The parties separated, with Jane Doe living in Ohio and entering into a lesbian relationship. That…