Ankenbrandt v. Richards, 504 U.S. 689, 15 (1992)

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Cite as: 504 U. S. 689 (1992)

Opinion of the Court

Although In re Burrus technically did not involve a construction of the diversity statute, as we understand Barber to have done, its statement that "[t]he whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States," id., at 593-594, has been interpreted by the federal courts to apply with equal vigor in suits brought pursuant to diversity jurisdiction. See, e. g., Bennett v. Bennett, 221 U. S. App. D. C. 90, 93, 682 F. 2d 1039, 1042 (1982); Solomon v. Solomon, 516 F. 2d 1018, 1025 (CA3 1975); Hernstadt v. Hernstadt, 373 F. 2d 316, 317 (CA2 1967); see generally 13B C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure § 3609, pp. 477-479, nn. 28-32 (1984). This application is consistent with Barber's directive to limit federal courts' exercise of diversity jurisdiction over suits for divorce and alimony decrees. See Barber, 21 How., at 584.6 We conclude, therefore, that the domestic relations exception, as articulated by this Court since Barber, divests the federal courts of power to issue divorce, alimony, and child custody decrees. Given the long passage of time without any expression of congressional dissatisfaction, we have no trouble today reaffirming the validity of the exception as it pertains to divorce and alimony decrees and child custody orders.

Not only is our conclusion rooted in respect for this long-held understanding, it is also supported by sound policy considerations. Issuance of decrees of this type not infrequently involves retention of jurisdiction by the court and

6 The better reasoned views among the Courts of Appeals have similarly stated the domestic relations exception as narrowly confined to suits for divorce, alimony, or child custody decrees. See, e. g., McIntyre v. McIntyre, 771 F. 2d, at 1317 (opinion of Kennedy, J.) ("[T]he exception to jurisdiction arises in those cases where a federal court is asked to grant a decree of divorce or annulment, or to grant custody or fix payments for support"); Lloyd v. Loeffler, 694 F. 2d, at 492 (same); Bennett v. Bennett, 221 U. S. App. D. C., at 93, 682 F. 2d, at 1042 (same); Cole v. Cole, 633 F. 2d, at 1087 (same).

703

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