Atcommon law, ne exeat (Latin "that he not depart") is an equitablewrit 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 Statesisne 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in English law.[1][2] In 1969 Mr Justice Meggary affirmed that the order still exists under English law, and was not repealed by the passing of the Debtors Act 1869.[3]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]
