Tribal courts can hear custody cases involving their citizens — even if there are existing orders in place from another court, the U.S. Court of Appeals for the 8th Circuit ruled.
The Cheyenne River Sioux Tribal Court in South Dakota had jurisdiction over a child custody case involving a tribal member despite a prior order in North Dakota, an appeals court ruled this week.Graham Lee Brewer
That law was intended to stop parents from bringing new child custody cases across state lines. But the appeals court ruled it did not apply to tribal nations because the statute did not specifically mention them. “It’s not often that a tribal court is going to want to come in and stomp on” other courts’ and states’ jurisdiction, she said.
The decision was a win for tribal sovereignty, legal experts said, and it highlighted that only Congress had the authority to address the jurisdiction of tribal courts.
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