In Georgia domestic relations actions (ex: divorce, alimony, child support, child custody, legitimation), the superior courts have authority to issue a Standing Order. OCGA §19-1-1(a). This Standing Order governs the parties’ actions during the pendency of the case, and can also apply toagents, servants, and employees of the parties, and all others acting in concert with such parties. OCGA19-1-1(b)(1).
Specifically, the standing order “[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 thecourt without the permission of the court, except in an emergency which has been created by the other party to the action.” OCGA §19-1-1(b)(2). This clause ensures that one party cannot take the children away from the other party. Even if oneparty has sole custody, that party cannot take the children out of the county/city while the action is pending, without prior permission from the court.
In addition, the standing order “[e]njoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or whichmay, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil orcriminal laws of this state.” OCGA §19-1-1(b)(3). This clause attempts to interject some common decencythroughout what could otherwise be a very acrimonious process.
Further, the standing order “[e]njoins and restrains each party from selling, encumbering, trading, contracting to sell, or otherwise disposing of or removing from the jurisdiction of the court,without the permission of the court, any of the property belonging to the parties except in the ordinary course of business or except in an emergency which has been created by the other party tothe action.” OCGA §19-1-1(b)(4). This clause ensures that one party does not get rid of property or assets in anattempt to keep them away from the other party.