[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1855 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1855

To amend title 11, District of Columbia Code, to restrict the authority 
of the Superior Court of the District of Columbia over certain pending 
          cases involving child custody and visitation rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 15, 1995

  Mr. Davis (for himself, Mrs. Morella, and Mr. Wolf) introduced the 
   following bill; which was referred to the Committee on Government 
                          Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
To amend title 11, District of Columbia Code, to restrict the authority 
of the Superior Court of the District of Columbia over certain pending 
          cases involving child custody and visitation rights.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TREATMENT OF CERTAIN PENDING CHILD CUSTODY CASES IN SUPERIOR 
              COURT OF DISTRICT OF COLUMBIA.

    (a) In General.--Subchapter II of chapter 9 of title 11, District 
of Columbia Code, is amended by adding at the end the following new 
section:
``Sec. 11-925. Rules regarding certain pending child custody cases
    ``(a) In any pending case involving custody over a minor child or 
the visitation rights of a parent of a minor child in the Superior 
Court which is described in subsection (b)--
            ``(1) at any time after the child attains 13 years of age, 
        the party to the case who is described in subsection (b)(1) may 
        not have custody over, or visitation rights with, the child 
        without the child's consent; and
            ``(2) if any person had actual or legal custody over the 
        child or offered safe refuge to the child while the case (or 
        other actions relating to the case) was pending, the court may 
        not deprive the person of custody or visitation rights over the 
        child or otherwise impose sanctions on the person on the 
        grounds that the person had such custody or offered such 
        refuge.
    ``(b) A case described in this subsection is a case in which--
            ``(1) the child asserts that a party to the case has been 
        sexually abusive with the child;
            ``(2) the child has resided outside of the United States 
        for not less than 24 consecutive months;
            ``(3) any of the parties to the case has denied custody or 
        visitation to another party in violation of an order of the 
        court for not less than 24 consecutive months; and
            ``(4) any of the parties to the case has lived outside of 
        the District of Columbia during such period of denial of 
        custody or visitation.''.
    (b) Clerical Amendment.--The table of sections for subchapter II of 
chapter 9 of title 11, D.C. Code, is amended by adding at the end the 
following new item:

        ``11-925. Rules regarding certain pending child custody 
                            cases.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply to cases brought in the Superior Court of the District of 
        Columbia before, on, or after the date of the enactment of this 
        Act.
            (2) Continuation of provisions until termination.--The 
        provisions of section 11-925, District of Columbia Code (as 
        added by subsection (a)), shall apply to any case described in 
        paragraph (1) until the termination of the case.
                                 <all>