“Simply put, money can be divided but children cannot” This line, by Jeff Landers on Forbes.com, speaks to the extra layer of difficulty when a divorcing couple have children. The article, however, speaks more to the extra (extra!) layer of difficulty when one member of the divorcing couple has an international passport. (see full post here) Just as the title of the article implies, (Small World, Big Problem: Divorces Involving Dual Citizenship) it may feel like the world is shrinking but the problems created by international divorces seem very big. Hopefully, this article on Ne Exeat Bonds in California will show you that there are other options.
Like the article posits, international divorce problems are very real; this is especially true in a multi-cultural, international, state like California where medium-to high-wealth individuals from all over the world move to seeking high-paying jobs. Divorced parties are concerned (and rightfully so), when their spouse leaves to another country with their children, that it will be be difficult and near impossible to enforce the tenets of the divorce agreement (including custody rights) in a country outside the jurisdiction of the US Department of Justice. They are right for feeling this way. Once outside the US, enforcing laws is not only problematic but very expensive.
Jurisco Court Surety in California is here to present you with a remedy for this situation, however, and more and more parents are seeking it in order to quell their fears regarding international divorce and custody rights. In Family Law this is such a surety bond called a ‘Ne Exeat Bond’ (Obvious translation: No Leaving); and this bond is used as a guarantee that the party wishing to leave the US with the children of a dual custody divorce will uphold the mutually signed divorce agreement. A little confused: Lets try an example: Parties A&B are a divorced couple currently living in the US with shared custody of children. Party A has a Euro Passport and wishes to move to France and take the kids with them. Party B doesn’t trust that they will have their legally guaranteed access to the children once Party is outside of US legal Jurisdiction. The presiding Judge decides that the safest route is to make Party A procure a “Ne Exeat Bond” and post it with the court. Party A is forbidden to leave the country until doing so. The dollar amount of the ‘Ne Exeat Bond’ is set at estimated cost Party B will incur pursuing legal action in France if Party A doesn’t live up to their end of the divorce agreement. To procure this bond, Party A will have to show proof of international address, likely job, family members in the destination country and other evidence that proves they are indeed moving where they say. Nobody like divorce, but Party B sleeps better knowing that their access to their children is being protected.
Need more information? Contact an actual person at Jurisco who can immediately help you with a Ne Exeat bond application in California or who can answer any questions you may have regarding any Surety Bond. In California or any other state.