[Congressional Record Volume 141, Number 99 (Friday, June 16, 1995)]
[Extensions of Remarks]
[Page E1273]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        INTRODUCTION OF A BILL REGARDING D.C. CHILD CUSTODY CASE

                                 ______


                          HON. THOMAS M. DAVIS

                              of virginia

                    in the house of representatives

                         Thursday, June 15, 1995

  Mr. DAVIS. Mr. Speaker, I rise today to introduce legislation which 
would allow Hilary Morgan, now know as Ellen Morgan and her mother Dr. 
Elizabeth Morgan to return safely to the United States.
  In August of 1987, Dr. Morgan was jailed for civil contempt after she 
hid Hilary and refused to give up for a 2 week court-ordered 
unsupervised visitation with her father. Hilary's case, as many 
throughout the world are aware, involves alleged child abuse by the 
father. It portrays perhaps the most painful aspect of our own judicial 
system; a child's welfare and child custody proceedings.
  Dr. Morgan spent over 2-years in the District of Columbia jail, until 
my colleague from Virginia, the Honorable Frank Wolf offered 
legislation limiting to 12 months the time an individual could be 
incarcerated for civil contempt in child custody cases in the District 
of Columbia. The bill, approved by this body, in essence freed Dr. 
Morgan from the D.C. jail. Upon her release she left the country and 
joined her daughter who was living with relatives in New Zealand. 
Elizabeth and Ellen remain in New Zealand, to this day.
  Pending court orders pertaining to both the mother and the child 
place unacceptable obstacles in the path of their safe return. This 
bill seeks to remove those obstacles.
  Ellen has indicated personally to me that she would like to return 
safely to the United States, which is her home.
  Ellen will be 13 years old in August and has lived over half her life 
in New Zealand, away from her family and her home. Dr. Morgan a 
renowned plastic surgeon, due to local restrictions, has been unable to 
practice medicine. The Morgan family has suffered greatly, and Ellen 
wants to come home. We should not force this child, who has suffered so 
much in her young life to remain in exile if the situation can be 
remedied.
  We should not and can not allow the judicial systems antiquated order 
to continue to punish this child or to force her to grow up away from 
her family or her country. The legislation I introduce today will 
remedy the situation and allow Ellen to come back to the United States 
and pursue her dreams.
  Unfortunately, judicial proceedings and media coverage tended to 
focus on disputes between two well-known parents. The court order, now 
over 7 years old, does not address the current circumstances or the 
welfare of a young teenage child.
  Under the provisions of this bill, the current orders relating to the 
penalties to the mother and visitation by the father, would no longer 
be operable. However, no bar would be placed on any court from 
revisiting this issue at any time and weighing the markedly changed 
circumstances since the original court decree.
  Intervention in this issue is not unprecedented, but in my judgment 
merited for the child's own welfare and desire to return to her native 
country.

                          ____________________