Legal Definitions - forbidden departure

A forbidden departure refers to an instance where an individual leaves or attempts to leave a specific location, jurisdiction, or country in direct violation of a legal prohibition. This prohibition is typically imposed by a court order, a statute, or as a condition of release (such as bail or probation), restricting the person's freedom of movement.

• Example 1 (Bail Conditions): A person accused of a serious felony is released on bail, with one of the explicit conditions being that they must remain within the county and not leave the state without prior written permission from the court. If this individual were to pack their belongings and drive across the state line into a neighboring state without obtaining the necessary court approval, their action would be considered a forbidden departure. This illustrates the term because they are leaving a legally defined area (the state) in direct violation of a court-imposed restriction on their movement.

• Example 2 (Child Custody Orders): After a contentious divorce, a court issues a custody order for a child, specifically stating that neither parent may take the child out of the country without the express written consent of the other parent and a further order from the court. If one parent, without obtaining the required consent or court approval, purchases international airline tickets and attempts to board a flight with the child to another nation, this would constitute a forbidden departure. Here, the departure is forbidden because it violates a specific judicial order governing the child's movement across international borders.

• Example 3 (Travel Restrictions/Sanctions): A country's government imposes a travel ban on certain individuals who are under investigation for financial crimes, preventing them from leaving the national territory. An individual on this list attempts to board a private yacht destined for an offshore location, using a false identity. This attempt represents a forbidden departure, as they are trying to exit the country in direct contravention of a legally mandated restriction on their international travel, imposed by governmental authority.