If a standing order is in place in your Georgia domestic case, you cannot take the children out of the court’s jurisdiction on your own without the court’s permission.
What the Statute Says
OCGA 19-1-1(b)(2) authorizes a standing order that “[e]njoins and restrains the parties from unilaterally causing or permitting the minor child or children of the parties to be removed from the jurisdiction of the court without the permission of the court, except in an emergency which has been created by the other party to the action.”
Three Words in That Sentence Do the Work
The first is “unilaterally.” The restraint is aimed at one parent acting alone, which is why the permission of the court is the thing that lifts it.
The second is “permitting.” You do not have to be the one holding the plane tickets. Letting a grandparent, a new partner, or the children themselves take the trip can put you in the same position as taking them yourself.
The third is “emergency.” The statute’s exception is narrow and specific: an emergency “which has been created by the other party to the action.” A family funeral out of state, a school trip, or a long-planned vacation is not what that language describes.
Get Permission Before You Go
Because the exception is so narrow, the reliable route is the one the statute names – permission of the court, obtained before the trip. An agreement with the other parent is worth having, but the order restrains you, and only the court that entered it can relieve you of it.
Read Your Own Order
Standing orders are issued by individual courts and their wording is not uniform. Some circuits track this language closely and some do not, so the order served on you controls.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!