Ne Exeat Bond: What is this Surety Bond?
As you go through a divorce, you may get worried that your ex-spouse will ignore his or her legal obligations. Worse is that your ex-spouse is traveling to a foreign country with your kids in tow. If that happens, the court will find it impossible to impose the tenets of the child custody agreement outside U.S. jurisdiction. If the thought of your child/children traveling abroad with your former spouse wakes you up at night, it is crucial to take precautionary measures and understand the state laws regarding children traveling overseas. You may require (through proper court pleadings) your ex-spouse to post a Ne Exeat Bond.
A Ne Exeat Bond is a surety bond that provides a guarantee that the other parent will conform to the terms of the divorce settlement and child custody agreement while traveling with your kids to a foreign country.
If your former spouse does not return and does not adhere to the terms of his or her agreement, the Ne Exeat Bond will require full payment of the bond. The amount covers the costs of international legal action that you would sustain in getting your children back.
At common law, Ne Exeat means “that he does not depart” or “no leaving” in Latin. It is a writ that restrains a person from leaving state or court jurisdiction. It is used in family law to prevent a person from moving or removing a child or property from the local jurisdiction.
Your former spouse is prohibited from leaving the jurisdiction unless he or she post the Ne Exeat Bond first.
Why do you need to get a Ne Exeat Bond?
The presiding judge in the family law case is presented with acceptable reasons to request for the traveling parent to secure a Ne Exeat Bond.
If you and your former spouse have an amicable, trusting relationship, this surety bond may not be an issue. However, if both of you are not on the best of terms, this may be cause for fear and concern.
The reasons are based on facts and circumstances, including but not limited to:
- evidence presented by your former spouse that the bond is not necessary because of the ties and connections he or she has to his or her country
- no history of trying to hide the child from you but to adhere to the current custody and visitation terms
The Ne Exeat Bond protects you from international abduction and encourages your former spouse to comply with the provisions of the child custody agreement.
How much does a Ne Exeat Bond cost?
Typically, the cost of these bonds is 1% of the total bond amount. Also, it is important to note that usually, these bonds must be fully collateralized to protect the surety bond company from loss.
How do you obtain a Ne Exeat Bond?
Seek professional, legal advice that concerns child custody. Discuss with your family lawyer about your need to issue a Ne Exeat Bond for your ex-spouse.
Then, find a reputable surety bond provider that can help you qualify for a Ne Exeat Bond. You will need to submit requirements to be eligible. These requirements may include:
- Completed bond application
- Writ of Ne Exeat from the court
- Court order requiring the Ne Exeat Bond
- Financial statements may be required
- Verification of international address
- Confirmation of travel duration
In brief, Ne Exeat Bonds ensure a safety net for the protection of parental rights and the children involved.
Ease your worries and contact a surety expert today!