Ne exeat

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At common law, ne exeat (Latin "that he not depart") is an equitable writ restraining a person from leaving the jurisdiction of the court or the state.[1] The Writ may be issued to ensure the compliance by the defendant with a court order.[1]

The full phrase in the United States is ne exeat republica (Latin "let him not go out of the republic").[1] The phrase ne exeat regno (Latin "let him not go out of the kingdom") has also been used in English law.[1][2]

It is used in family law to restrain a person from leaving or removing a child or property from the jurisdiction.[1] In England and Wales, however, it has been mostly replaced by passport impoundment orders. Mr Justice Mostyn said in 2012, "The writ ne exeat regno is a charming historical relic but must be regarded as an anachronism given the availability of the modern form of order".[3]

In the United States, it is still provided for in the Internal Revenue Code at 26 U.S.C. § 7402(a).

References

  1. ^ a b c d e Black's Law Dictionary (9th ed. 2009), ne exeat.
  2. ^ Harding, G. (1829) The practice of the High Court of Chancery, under the new orders, p. 336
  3. ^ http://www.bailii.org/ew/cases/EWHC/Fam/2012/3633.html
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