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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 91-367
- --------
- CAROL ANKENBRANDT, as next friend and mother
- of l. r. and s. r., PETITIONER v. JON A. RICHARDS
- and DEBRA KESLER
- on writ of certiorari to the united states court of
- appeals for the fifth circuit
- [June 15, 1992]
-
- Justice White delivered the opinion of the Court.
- This case presents the issue whether the federal courts
- have jurisdiction or should abstain in a case involving
- alleged torts committed by the former husband of petitioner
- and his female companion against petitioner's children,
- when the sole basis for federal jurisdiction is the diversity-
- of-citizenship provision of 28 U. S. C. 1332.
- I
- Petitioner Carol Ankenbrandt, a citizen of Missouri,
- brought this lawsuit on September 26, 1989, on behalf of
- her daughters L. R. and S. R. against respondents Jon A.
- Richards and Debra Kesler, citizens of Louisiana, in the
- United States District Court for the Eastern District of
- Louisiana. Alleging federal jurisdiction based on the
- diversity of citizenship provision of 1332, Ankenbrandt's
- complaint sought monetary damages for alleged sexual and
- physical abuse of the children committed by Richards and
- Kesler. Richards is the divorced father of the children and
- Kesler his female companion. On December 10, 1990, the
- District Court granted respondents' motion to dismiss this
- lawsuit. Citing In re Burrus, 136 U. S. 586, 593-594
- (1890), for the proposition 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,- the court concluded that this case fell
- within what has become known as the -domestic relations-
- exception to diversity jurisdiction, and that it lacked
- jurisdiction over the case. The court also invoked the
- abstention principles announced in Younger v. Harris, 401
- U. S. 37 (1971), to justify its decision to dismiss the
- complaint without prejudice. Ankenbrandt v. Richards, No.
- 89-4244 (ED La. Dec. 10, 1990). The Court of Appeals
- affirmed in an unpublished opinion. Ankenbrandt v.
- Richards, No. 91-3037 (CA5 May 31, 1991), judgt. order
- reported at 934 F. 2d 1262.
- We granted certiorari limited to the following questions:
- -(1) Is there a domestic relations exception to federal
- jurisdiction? (2) If so, does it permit a district court to
- abstain from exercising diversity jurisdiction over a tort
- action for damages? and (3) Did the District Court in this
- case err in abstaining from exercising jurisdiction under the
- doctrine of Younger v. Harris, [supra]?- 502 U. S. ___
- (1992). We address each of these issues in turn.
- II
- The domestic relations exception upon which the courts
- below relied to decline jurisdiction has been invoked often
- by the lower federal courts. The seeming authority for
- doing so originally stemmed from the announcement in
- Barber v. Barber, 21 How. 582 (1859), that the federal
- courts have no jurisdiction over suits for divorce or the
- allowance of alimony. In that case, the Court heard a suit
- in equity brought by a wife (by her next friend) in federal
- district court pursuant to diversity jurisdiction against her
- former husband. She sought to enforce a decree from a
- New York state court, which had granted a divorce and
- awarded her alimony. The former husband thereupon
- moved to Wisconsin to place himself beyond the New York
- courts' jurisdiction so that the divorce decree there could
- not be enforced against him; he then sued for divorce in a
- Wisconsin court, representing to that court that his wife
- had abandoned him and failing to disclose the existence of
- the New York decree. In a suit brought by the former wife
- in Wisconsin Federal District Court, the former husband
- alleged that the court lacked jurisdiction. The court
- accepted jurisdiction and gave judgment for the divorced
- wife.
- On appeal, it was argued that the District Court lacked
- jurisdiction on two grounds: first, that there was no
- diversity of citizenship because although divorced, the wife's
- citizenship necessarily remained that of her former hus-
- band; and second, that the whole subject of divorce and
- alimony, including a suit to enforce an alimony decree, was
- exclusively ecclesiastical at the time of the adoption of the
- Constitution and that the Constitution therefore placed the
- whole subject of divorce and alimony beyond the jurisdiction
- of the United States courts. Over the dissent of three
- Justices, the Court rejected both arguments. After an
- exhaustive survey of the authorities, the Court concluded
- that a divorced wife could acquire a citizenship separate
- from that of her former husband and that a suit to enforce
- an alimony decree rested within the federal courts' equity
- jurisdiction. The Court reached these conclusions after
- summarily dismissing the former husband's contention that
- the case involved a subject matter outside the federal
- courts' jurisdiction. In so stating, however, the Court also
- announced the following limitation on federal jurisdiction:
- -Our first remark is-and we wish it to be remem-
- bered-that this is not a suit asking the court for the
- allowance of alimony. That has been done by a court
- of competent jurisdiction. The court in Wisconsin was
- asked to interfere to prevent that decree from being
- defeated by fraud.
- -We disclaim altogether any jurisdiction in the courts
- of the United States upon the subject of divorce, or for
- the allowance of alimony, either as an original proceed-
- ing in chancery or as an incident to divorce a vinculo,
- or to one from bed and board.- Barber, supra, at 584.
- As a general matter, the dissenters agreed with these
- statements, but took issue with the Court's holding that the
- instant action to enforce an alimony decree was within the
- equity jurisdiction of the federal courts.
- The statements disclaiming jurisdiction over divorce and
- alimony decree suits, though technically dicta, formed the
- basis for excluding -domestic relations- cases from the
- jurisdiction of the lower federal courts, a jurisdictional
- limitation those courts have recognized ever since. The
- Barber Court, however, cited no authority and did not
- discuss the foundation for its announcement. Since that
- time, the Court has dealt only occasionally with the
- domestic relations limitation on federal-court jurisdiction,
- and it has never addressed the basis for such a limitation.
- Because we are unwilling to cast aside an understood rule
- that has been recognized for nearly a century and a half, we
- feel compelled to explain why we will continue to recognize
- this limitation on federal jurisdiction.
- A
- Counsel argued in Barber that the Constitution prohibit-
- ed federal courts from exercising jurisdiction over domestic
- relations cases. Brief for Appellant in Barber v. Barber,
- D.T. 1858, No. 44, pp. 4-5. An examination of Article III,
- Barber itself, and our cases since Barber makes clear that
- the Constitution does not exclude domestic relations cases
- from the jurisdiction otherwise granted by statute to the
- federal courts.
- Article III, 2, of the Constitution provides in pertinent
- part:
- -Section 2. The judicial Power shall extend to all
- Cases, in Law and Equity, arising under this Constitu-
- tion, the Laws of the United States, and Treaties made,
- or which shall be made, under their Authority;-to all
- Cases affecting Ambassadors, other public Ministers
- and Consuls;-to all Cases of admiralty and maritime
- Jurisdiction;-to Controversies to which the United
- States shall be a Party;-to Controversies between
- two or more States;-between a State and Citizens
- of another State;-between Citizens of different
- States;-between Citizens of the same State claiming
- Land under Grants of different States, and between a
- State, or the Citizens thereof, and foreign States,
- Citizens or Subjects.-
- This section delineates the absolute limits on the federal
- courts' jurisdiction. But in articulating three different
- terms to define jurisdiction-``Cases, in Law and Equity,-
- -Cases,- and -Controversies--this provision contains no
- limitation on subjects of a domestic relations nature. Nor
- did Barber purport to ground the domestic relations
- exception in these constitutional limits on federal jurisdic-
- tion. The Court's discussion of federal judicial power to
- hear suits of a domestic relations nature contains no
- mention of the Constitution, see Barber, supra, at 584, and
- it is logical to presume that the Court based its statement
- limiting such power on narrower statutory, rather than
- broader constitutional, grounds. Cf. Edward J. DeBartolo
- Corp. v. Florida Gulf Coast Building & Construction Trades
- Council, Inc., 485 U. S. 568, 575 (1988).
- Subsequent decisions confirm that Barber was not relying
- on constitutional limits in justifying the exception. In one
- such case, for instance, the Court stated the -long estab-
- lished rule- that federal courts lack jurisdiction over certain
- domestic relations matters as having been based on the
- assumptions that -husband and wife cannot usually be
- citizens of different States, so long as the marriage relation
- continues (a rule which has been somewhat relaxed in
- recent cases), and for the further reason that a suit for
- divorce in itself involves no pecuniary value.- De La Rama
- v. De La Rama, 201 U. S. 303, 307 (1906). Since Article III
- contains no monetary limit on suits brought pursuant to
- federal diversity jurisdiction, De La Rama's articulation of
- the -rule- in terms of the statutory requirements for
- diversity jurisdiction further supports the view that the
- exception is not grounded in the Constitution.
- Moreover, even while citing with approval the Barber
- language purporting to limit the jurisdiction of the federal
- courts over domestic relations matters, the Court has heard
- appeals from territorial courts involving divorce, see, e.g.,
- De La Rama, supra; Simms v. Simms, 175 U. S. 162 (1899),
- and has upheld the exercise of original jurisdiction by
- federal courts in the District of Columbia to decide divorce
- actions, see, e.g., Glidden Co. v. Zdanok, 370 U. S. 530, 581,
- n. 54 (1962). Thus, even were the statements in De La
- Rama referring to the statutory prerequisites of diversity
- jurisdiction alone not persuasive testament to the statutory
- origins of the rule, by hearing appeals from legislative, or
- Article I courts, this Court implicitly has made clear its
- understanding that the source of the constraint on jurisdic-
- tion from Barber was not Article III; otherwise the Court
- itself would have lacked jurisdiction over appeals from
- these legislative courts. See National Mutual Ins. Co. v.
- Tidewater Transfer Co., 337 U. S. 582, 643 (1949) (Vinson,
- C. J., dissenting) (-We can no more review a legislative
- court's decision of a case which is not among those enumer-
- ated in Art. III than we can hear a case from a state court
- involving purely state law questions-). We therefore have
- no difficulty concluding that when the Barber Court
- -disclaim[ed] altogether any jurisdiction in the courts of the
- United States upon the subject of divorce,- 21 How., at 584,
- it was not basing its statement on the Constitution.
- B
- That Article III, 2, does not mandate the exclusion of
- domestic relations cases from federal-court jurisdiction,
- however, does not mean that such courts necessarily must
- retain and exercise jurisdiction over such cases. Other
- constitutional provisions explain why this is so. Article I,
- 8, cl. 9, for example, authorizes Congress -[t]o constitute
- Tribunals inferior to the supreme Court- and Article III, 1,
- states that -[t]he judicial Power of the United States, shall
- be vested in one supreme Court, and in such inferior Courts
- as the Congress may from time to time ordain and estab-
- lish.- The Court's cases state the rule that -if inferior
- federal courts were created, [Congress was not] required to
- invest them with all the jurisdiction it was authorized to
- bestow under Art. III.- Palmore v. United States, 411 U. S.
- 389, 401 (1973).
- This position has held constant since at least 1845, when
- the Court stated that -the judicial power of the United
- States . . . is (except in enumerated instances, applicable
- exclusively to this court) dependent for its distribution and
- organization, and for the modes of its exercise, entirely
- upon the action of Congress, who possess the sole power of
- creating the tribunals (inferior to the Supreme Court) . . .
- and of investing them with jurisdiction either limited,
- concurrent, or exclusive, and of withholding jurisdiction
- from them in the exact degrees and character which to
- Congress may seem proper for the public good.- Cary v.
- Curtis, 3 How. 236, 245. See Sheldon v. Sill, 8 How. 441
- (1850); Plaquemines Tropical Fruit Co. v. Henderson, 170
- U. S. 511 (1898); Kline v. Burke Constr. Co., 260 U. S. 226
- (1922); Lockerty v. Phillips, 319 U. S. 182 (1943). We thus
- turn our attention to the relevant jurisdictional statutes.
- The Judiciary Act of 1789 provided that -the circuit
- courts shall have original cognizance, concurrent with the
- courts of the several States, of all suits of a civil nature at
- common law or in equity, where the matter in dispute
- exceeds, exclusive of costs, the sum or value of five hundred
- dollars, and . . . an alien is a party, or the suit is between
- a citizen of the State where the suit is brought, and a citizen
- of another State.- Act of Sept. 24, 1789, 11, 1 Stat. 78.
- (Emphasis added.) The defining phrase, -all suits of a civil
- nature at common law or in equity,- remained a key
- element of statutory provisions demarcating the terms of
- diversity jurisdiction until 1948, when Congress amended
- the diversity jurisdiction provision to eliminate this phrase
- and replace in its stead the term -all civil actions.- 1948
- Judicial Code and Judiciary Act, 62 Stat. 930, 28 U. S. C.
- 1332.
- The Barber majority itself did not expressly refer to the
- diversity statute's use of the limitation on -suits of a civil
- nature at common law or in equity.- The dissenters in
- Barber, however, implicitly made such a reference, for they
- suggested that the federal courts had no power over certain
- domestic relations actions because the court of chancery
- lacked authority to issue divorce and alimony decrees.
- Stating that -the origin and the extent of [the federal
- courts'] jurisdiction must be sought in the laws of the
- United States, and in the settled rules and principles by
- which those laws have bound them,- the dissenters contend-
- ed that -as the jurisdiction of the chancery in England does
- not extend to or embrace the subjects of divorce and
- alimony, and as the jurisdiction of the courts of the United
- States in chancery is bounded by that of the chancery in
- England, all power or cognizance with respect to those
- subjects by the courts of the United States in chancery is
- equally excluded.- Barber, supra, at 605 (Daniel, J.,
- dissenting). Hence, in the dissenters' view, a suit seeking
- such relief would not fall within the statutory language -all
- suits of a civil nature at common law or in equity.- Because
- the Barber Court did not disagree with this reason for
- accepting the jurisdictional limitation over the issuance of
- divorce and alimony decrees, it may be inferred fairly that
- the jurisdictional limitation recognized by the Court rested
- on this statutory basis and that the disagreement between
- the Court and the dissenters thus centered only on the
- extent of the limitation.
- We have no occasion here to join the historical debate
- over whether the English court of chancery had jurisdiction
- to handle certain domestic relations matters, though we
- note that commentators have found some support for the
- Barber majority's interpretation. Certainly it was not
- unprecedented at the time for the Court to infer, from what
- it understood to be English chancery practice, some guide
- to the meaning of the 1789 Act's jurisdictional grant. See,
- e.g., Robinson v. Campbell, 3 Wheat. 212, 221-222 (1818).
- We thus are content to rest our conclusion that a domestic
- relations exception exists as a matter of statutory construc-
- tion not on the accuracy of the historical justifications on
- which it was seemingly based, but rather on Congress'
- apparent acceptance of this construction of the diversity
- jurisdiction provisions in the years prior to 1948, when the
- statute limited jurisdiction to -suits of a civil nature at
- common law or in equity.- As the court in Phillips, Nizer,
- Benjamin, Krim & Ballon v. Rosenstiel, 490 F. 2d 509, 514
- (CA2 1973) observed, -[m]ore than a century has elapsed
- since the Barber dictum without any intimation of Congres-
- sional dissatisfaction. . . . Whatever Article III may or may
- not permit, we thus accept the Barber dictum as a correct
- interpretation of the Congressional grant.- Considerations
- of stare decisis have particular strength in this context,
- where -the legislative power is implicated, and Congress
- remains free to alter what we have done.- Patterson v.
- McLean Credit Union, 491 U. S. 164, 172-173 (1989).
- When Congress amended the diversity statute in 1948 to
- replace the law/equity distinction with the phrase -all civil
- actions,- we presume Congress did so with full cognizance
- of the Court's nearly century-long interpretation of the prior
- statutes, which had construed the statutory diversity
- jurisdiction to contain an exception for certain domestic
- relations matters. With respect to the 1948 amendment,
- the Court has previously stated that ``no changes of law or
- policy are to be presumed from changes of language in the
- revision unless an intent to make such changes is clearly
- expressed.'' Fourco Glass Co. v. Transmirra Products Corp.,
- 353 U. S. 222, 227 (1957); see also Finley v. United States,
- 490 U. S. 545, 554 (1989). With respect to such a long-
- standing and well-known construction of the diversity
- statute, and where Congress made substantive changes to
- the statute in other respects, see 28 U. S. C. 1332 note, we
- presume, absent any indication that Congress intended to
- alter this exception, see ibid.; Fed. Rule Civ. Proc. 2,
- Advisory Committee Note 3, 28 U. S. C. App., p. 555, that
- Congress -adopt[ed] that interpretation- when it reenacted
- the diversity statute. Lorillard v. Pons, 434 U. S. 575, 580
- (1978).
- III
- In the more than 100 years since this Court laid the
- seeds for the development of the domestic relations excep-
- tion, the lower federal courts have applied it in a variety of
- circumstances. See, e.g., cases cited in n. 1, supra. Many
- of these applications go well beyond the circumscribed
- situations posed by Barber and its progeny. Barber itself
- disclaimed federal jurisdiction over a narrow range of
- domestic relations issues involving the granting of a divorce
- and a decree of alimony, see 21 How., at 584, and stated
- the limits on federal-court power to intervene prior to the
- rendering of such orders:
- -It is, that when a court of competent jurisdiction over
- the subject-matter and the parties decrees a divorce,
- and alimony to the wife as its incident, and is unable
- of itself to enforce the decree summarily upon the
- husband, that courts of equity will interfere to prevent
- the decree from being defeated by fraud. The interfer-
- ence, however, is limited to cases in which alimony has
- been decreed; then only to the extent of what is due,
- and always to cases in which no appeal is pending from
- the decree for the divorce or for alimony.'' Id., at 591.
- The Barber Court thus did not intend to strip the federal
- courts of authority to hear cases arising from the domestic
- relations of persons unless they seek the granting or
- modification of a divorce or alimony decree. The holding of
- the case itself sanctioned the exercise of federal jurisdiction
- over the enforcement of an alimony decree that had been
- properly obtained in a state court of competent jurisdiction.
- Contrary to the Barber dissenters' position, the enforcement
- of such validly obtained orders does not -regulate the
- domestic relations of society- and produce an -inquisitorial
- authority- in which federal tribunals -enter the habitations
- and even into the chambers and nurseries of private
- families, and inquire into and pronounce upon the morals
- and habits and affections or antipathies of the members of
- every household.- Id., at 602 (Daniel, J., dissenting). And
- from the conclusion that the federal courts lacked jurisdic-
- tion to issue divorce and alimony decrees, there was no
- dissent. See Barber, supra, at 604 (Daniel, J., dissenting)
- (noting that -[u]pon questions of settlement or of contract
- connected with marriages, the court of chancery will
- undertake the enforcement of such contracts, but does not
- decree alimony as such, and independently of such con-
- tracts-). See also Simms v. Simms, 175 U. S. 162, 167
- (1899) (stating that -[i]t may therefore be assumed as
- indubitable that the Circuit Courts of the United States
- have no jurisdiction, either of suits for divorce, or of claims
- for alimony, whether made in a suit for divorce, or by an
- original proceeding in equity, before a decree for such
- alimony in a state court-).
- Subsequently, this Court expanded the domestic relations
- exception to include decrees in child custody cases. In a
- child custody case brought pursuant to a writ of habeas
- corpus, for instance, the Court held void a writ issued by a
- Federal District Court to restore a child to the custody of
- the father. -As to the right to the control and possession of
- this child, as it is contested by its father and its grandfa-
- ther, it is one in regard to which neither the Congress of
- the United States nor any authority of the United States
- has any special jurisdiction.- In re Burrus, 136 U. S. 586,
- 594 (1890).
- 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 consis-
- tent with Barber's directive to limit federal courts' exercise
- of diversity jurisdiction over suits for divorce and alimony
- decrees. See Barber, supra, at 584. We conclude, there-
- fore, 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 congres-
- sional 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 infre-
- quently involves retention of jurisdiction by the court and
- deployment of social workers to monitor compliance. As a
- matter of judicial economy, state courts are more eminently
- suited to work of this type than are federal courts, which
- lack the close association with state and local government
- organizations dedicated to handling issues that arise out of
- conflicts over divorce, alimony, and child custody decrees.
- Moreover, as a matter of judicial expertise, it makes far
- more sense to retain the rule that federal courts lack power
- to issue these types of decrees because of the special
- proficiency developed by state tribunals over the past
- century and a half in handling issues that arise in the
- granting of such decrees. See Lloyd v. Loeffler, supra, at
- 492.
- By concluding, as we do, that the domestic relations
- exception encompasses only cases involving the issuance of
- a divorce, alimony, or child custody decree, we necessarily
- find that the Court of Appeals erred by affirming the
- District Court's invocation of this exception. This lawsuit
- in no way seeks such a decree; rather, it alleges that
- respondents Richards and Kesler committed torts against
- L. R. and S. R., Ankenbrandt's children by Richards.
- Federal subject-matter jurisdiction pursuant to 1332 thus
- is proper in this case. We now address whether, even
- though subject-matter jurisdiction might be proper, suffi-
- cient grounds exist to warrant abstention from the exercise
- of that jurisdiction.
- IV
- The Court of Appeals, as did the District Court, stated
- abstention as an alternative ground for its holding. The
- District Court quoted another federal court to the effect
- that -`[a]bstention, that doctrine designed to promote
- federal-state comity, is required when to render a decision
- would disrupt the establishment of a coherent state policy.'-
- App. to Pet. for Cert. A-6 (quoting Zaubi v. Hoejme, 530 F.
- Supp. 831, 836 (WD Pa. 1980)). It is axiomatic, however,
- that -[a]bstention from the exercise of federal jurisdiction is
- the exception, not the rule.'- Colorado River Water Conser-
- vation Dist. v. United States, 424 U. S. 800, 813 (1976).
- Abstention rarely should be invoked, because the federal
- courts have a -virtually unflagging obligation . . . to exercise
- the jurisdiction given them.- Id., at 817.
- The courts below cited Younger v. Harris, 401 U. S. 37
- (1971), to support their holdings to abstain in this case. In
- so doing, the courts clearly erred. Younger itself held that,
- absent unusual circumstances, a federal court could not
- interfere with a pending state criminal prosecution. Id., at
- 54. Though we have extended Younger abstention to the
- civil context, see, e.g., Middlesex County Ethics Comm. v.
- Garden State Bar Assn., 457 U. S. 423 (1982); Ohio Civil
- Rights Comm'n v. Dayton Christian Schools, Inc., 477 U. S.
- 619 (1986); Pennzoil Co. v. Texaco Inc., 481 U. S. 1 (1987),
- we have never applied the notions of comity so critical to
- Younger's -Our Federalism- when no state proceeding was
- pending nor any assertion of important state interests
- made. In this case, there is no allegation by respondents of
- any pending state proceedings, and Ankenbrandt contends
- that such proceedings ended prior to her filing this lawsuit.
- Absent any pending proceeding in state tribunals, therefore,
- application by the lower courts of Younger abstention was
- clearly erroneous.
- It is not inconceivable, however, that in certain circum-
- stances, the abstention principles developed in Burford v.
- Sun Oil Co., 319 U. S. 315 (1943), might be relevant in a
- case involving elements of the domestic relationship even
- when the parties do not seek divorce, alimony, or child
- custody. This would be so when a case presents -difficult
- questions of state law bearing on policy problems of
- substantial public import whose importance transcends the
- result in the case then at bar.- Colorado River Water
- Conservation Dist., supra, at 814. Such might well be the
- case if a federal suit were filed prior to effectuation of a
- divorce, alimony, or child custody decree, and the suit
- depended on a determination of the status of the parties.
- Where, as here, the status of the domestic relationship has
- been determined as a matter of state law, and in any event
- has no bearing on the underlying torts alleged, we have no
- difficulty concluding that Burford abstention is inappropri-
- ate in this case.
- V
- We thus conclude that the Court of Appeals erred by
- affirming the District Court's rulings to decline jurisdiction
- based on the domestic relations exception to diversity
- jurisdiction and to abstain under the doctrine of Younger v.
- Harris, supra. The exception has no place in a suit such as
- this one, in which a former spouse sues another on behalf
- of children alleged to have been abused. Because the
- allegations in this complaint do not request the District
- Court to issue a divorce, alimony, or child custody decree,
- we hold that the suit is appropriate for the exercise of
- 1332 jurisdiction given the existence of diverse citizenship
- between petitioner and respondents and the pleading of the
- relevant amount in controversy. Accordingly, we reverse
- the decision of the Court of Appeals and remand the case
- for further proceedings consistent with this opinion.
-
- It is so ordered.
-