Statement of Administration Policy: H.R. 3971 (as passed by the Senate) - International Child Abduction Remedies Act

(House)
(Lantos (D) California and two others)

The Administration supports the enactment of legislation to implement domestically the 1980 Hague Convention on the Civil Aspects of International Child Abduction but opposes vesting jurisdiction to hear cases brought under the Convention and the bill in both Federal and State courts. In this respect, H.R. 3971 represents a sharp departure from longstanding policy, based on principles of federalism, of excluding domestic relations matters from the Federal courts and leaving their resolution entirely to the courts of the States.

Accordingly, the Administration urges that H.R. 3971 not be considered under suspension of the rules, and that it be amended to provide State courts with exclusive original jurisdiction over all actions brought under the Convention, subject to review by the United States Supreme Court under 28 U.S.C. 1257 (permitting review of certain final judgments of a State's highest court).