'And then he thought because of the ne exeat
republica that is placed on him by the court not to leave the country, he thought that was what was transferring on his wife and the children,' Budy says.
The resulting court order, known as a writ of ne exeat
republica (writ), commands the U.S.
right, i.e., the right to object to the child being removed
International Law--Rights of access with ne exeat
clause do not create rights of custody under Hague Convention--Abbott v.
Croll, in which she would have held that a ne exeat
clause in a Hong Kong custody order vests "rights of custody" under the Hague Convention on the Civil Aspects of International Child Abduction.
law and internationally, that is, whether a parent's right of access coupled with a ne exeat
clause, i.e., a clause in a custody order prohibiting the custodial parent from removing a child from a certain location, conferred a right of custody, thus permitting the non-custodial parent to exercise a right of return under the Convention.
By virtue of the doctrine of patria potestas, [Petitioner], the father, had rights relating to the care of the person of the child, and, by virtue both of that doctrine and even more clearly by virtue of the doctrine of ne exeat
, the right to determine that the child's place of residence would remain Venezuela rather than the United States."
Furthermore, proper treatment of the German court's order raises questions regarding the ne exeat
, or nonremoval, clause and the military necessity exception included as conditions of the parties' custody order.
(1) When either party is about to remove himself or herself or his or her property out of the state, or fraudulently convey or conceal it, the court may award a ne exeat
or injunction against the party or the property and make such orders as will secure alimony or support to the party who should receive it.
government can obtain a writ of ne exeat
republica, which is a court order directing a person not to leave a particular jurisdiction in order to compel him to pay taxes [see U.S.
(15) The Court focused closely on Second Circuit precedent in affirming the District Court's ruling that violating a ne exeat
right is insufficient to qualify as a violation of custodial rights.
"In interpreting the Hague Convention, this Court has held that violating a ne exeat
right is insufficient to qualify as a violation of custodial rights...we found that a ne exeat
clause does not create rights of custody within the meaning of the Hague Convention.