Ne exeat
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 leave the republic").[1] The phrase ne exeat regno (Latin "let him not leave the kingdom") has also been used in English law.[1][2] In 1969 Mr Justice Meggary affirmed that the order still exists under English law, and was not repealed by the passing of the Debtors Act 1869.[3]
It is used in family law to prohibit 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".[4]
In the United States, it is still provided for in the Internal Revenue Code at 26 U.S.C. § 7402(a).
References
[edit]- ^ a b c d e Black's Law Dictionary (9th ed. 2009), ne exeat.
- ^ Harding, G. (1829) The practice of the High Court of Chancery, under the new orders, p. 336
- ^ Felton v Callis [1969] 1 QB 200.
- ^ "Bhura v Bhura [2012] EWHC 3633 (Fam)". Retrieved 7 November 2021.