Federal Jurisdiction - The Domestic Relations Exception and the Tort of Interstate Child-Snatching
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Authors
Pavelka, Donald J.
Issue Date
1983
Volume
16
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Title 28, section 1332 of the United States Code provides that "[t] he district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $10,000, exclusive of interest and costs, and is between ... citizens of different states..."|Despite this broad language granting diversity jurisdiction, two early Supreme Court cases, Barber v. Barber and In re Burrus, established what has been referred to as the "domestic relations exception" to federal jurisdiction. From these cases it has been established that federal courts are without power to grant a divorce, determine alimony or child support payments, or decide a child custody issue. Although the domestic relations exception has been criticized, and its historical basis to an extent discredited, it remains a viable principle, rigidly adhered to by the federal courts...
Description
Citation
16 Creighton L. Rev. 815 (1982-1983)
Publisher
Creighton University School of Law