Stay of Exit Order
Divorce proceedings entail a double jeopardy. First there is a risk that one spouse will escape abroad and leave the other party without a divorce properly concluded, without property or child support. In order to prevent such cases, in some circumstance it is possible to lodge an application for Stay of Exit Order. Upon lodging this application, the Court will review the circumstances and will issue the order if it believes that there is real fear that one of the parties will escape abroad during the proceedings and will leave the other party without remedy.
The second risk is that the children might be taken abroad. In order to prevent a situation in which one of the parents takes the minor children abroad, in the course of the divorce proceeding or following it. In such circumstances it is possible to lodge an application for Stay of Exit Order for the minors. Assuming that the order is granted, it will constitute appropriate protection for the parent who fears that the other parent might take the minors abroad and keep them there.
In the event that a parent is interested in taking abroad a minor against whom a Stay of Exit Order has been issued, an application must be lodged in Court, providing guarantees and/or undertakings that will satisfy the Court that the parent will, in fact, return the minors from abroad.
Our office, Gila Barzili Law Office, assists its clients in cases of Stay of Exit Orders in the two above mentioned hazards: departing abroad of one of the spouses prior to and/or during the proceedings and removing children abroad.