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Legal Definitions - ne exeat regno
Definition of ne exeat regno
Ne exeat regno is a Latin legal term that translates to "let him not go out of the kingdom." In modern legal practice, it refers to a court order that prevents an individual from leaving the jurisdiction of the court, typically the country or state, to ensure they remain available to satisfy a judgment or comply with a court order.
This writ is usually issued in civil cases when there is a strong belief that a person intends to flee the jurisdiction to avoid their legal obligations, such as paying a significant debt, spousal support, or child support, or to prevent them from being present for crucial legal proceedings. The court issues this order to preserve its ability to enforce its decisions and ensure justice is served.
Example 1: High-Stakes Divorce Proceedings
Imagine a contentious divorce case where one spouse, a wealthy business executive, has substantial assets and a history of international travel. The other spouse's attorney discovers evidence that the executive has sold off significant local properties, transferred large sums of money to offshore accounts, and purchased a one-way ticket to a country with no extradition treaty, all while a substantial spousal support and asset division order is pending. Fearing the executive will flee to avoid their financial obligations, the attorney can petition the court for a ne exeat regno order. If granted, this order would legally prevent the executive from leaving the country, ensuring they remain within the court's reach to comply with any future financial judgments.
Example 2: Business Fraud and Debt Evasion
Consider a situation where a court has issued a large monetary judgment against a company owner for fraudulent business practices. The owner has been ordered to pay millions in damages to the victims. However, the victims' legal team learns that the owner has been liquidating personal assets, closing bank accounts, and has applied for a new passport, indicating an imminent departure from the country. To prevent the owner from escaping their financial liability and making it impossible to collect the judgment, the court could issue a ne exeat regno writ. This order would legally bar the owner from leaving the country, compelling them to face their financial obligations and allowing the victims to pursue collection efforts.
Example 3: Child Support Arrears and Flight Risk
A parent owes a significant amount of overdue child support payments, accumulating substantial arrears over several years. The custodial parent's attorney presents evidence to the court that the non-custodial parent has recently quit their job, sold their home, and purchased an international flight to a country where they have no known family or employment prospects, suggesting an intent to evade their child support responsibilities. To prevent the non-custodial parent from absconding and abandoning their financial duty to their children, the court could issue a ne exeat regno order. This order would legally restrain the parent from leaving the country, thereby ensuring they remain subject to the court's jurisdiction for enforcement of the child support order.
Simple Definition
Ne exeat regno is a Latin legal term meaning "let him not go out of the kingdom." It refers to a writ issued by a court to prevent a person from leaving its jurisdiction. This ensures they remain available for legal proceedings or to satisfy a judgment.