Ex plans to move out of state

[Proserpina]

Seniors, wouldn't the jurisdiction still reside with the courts that issued the original orders? She just moved, so how is that enough time for her to establish residency in the new location? Couldn't Dad simply file a motion to have the children immediately returned to California?

Depends on where exactly she is - seriously. The length of time needed to establish residency varies massively and can actually vary within the same area depending on the nature of the case (criminal versus civil versus family law for example).

 

[LdiJ]

Seniors, wouldn't the jurisdiction still reside with the courts that issued the original orders? She just moved, so how is that enough time for her to establish residency in the new location? Couldn't Dad simply file a motion to have the children immediately returned to California?

If the Tribal Court claims jurisdiction, which is highly likely in a case like this one, then CA is forced to release jurisdiction to the Tribal Courts. If someone is a member of a tribe, they are no longer subject to any state's jurisdiction over those matters handled by Tribal Court.

 

[Ohiogal]

Seniors, wouldn't the jurisdiction still reside with the courts that issued the original orders? She just moved, so how is that enough time for her to establish residency in the new location? Couldn't Dad simply file a motion to have the children immediately returned to California?

NOT necessarily. Tribal law operates within US borders but as almost a different "country's" law.

 

[Proserpina]

NOT necessarily. Tribal law operates within US borders but as almost a different "country's" law.

I do hope OP comes back to the thread again. Managed to dig up a bit more:

http://www.tribal-institute.org/lists/justice.htm

Maybe there's something in there able to help Dad a little.

 

[frylover]

This isn't the first time I've read on here "things just got more complicated" when someone mentions tribal law is involved.

So, I'm very curious here. Does this mean that being registered with a Native American tribe gives someone carte blanche to steal a child away from the other parent with no regard whatsoever for the laws of the United States?

 

[LdiJ]

This isn't the first time I've read on here "things just got more complicated" when someone mentions tribal law is involved.

So, I'm very curious here. Does this mean that being registered with a Native American tribe gives someone carte blanche to steal a child away from the other parent with no regard whatsoever for the laws of the United States?

Not exactly. It simply means that the Tribal Court has jurisdiction to decide the case. The Tribal Court will hear the case and make a ruling based on Tribal Law. That doesn't always mean an automatic win for the parent who is a tribe member.

However, Tribal Law does tend to favor keeping children within the tribe, therefore they do tend to award custody to the parent who is a member of the tribe. However, if the tribe member is an unfit parent, they will not deny custody to the other parent or anything like that. They do operate with reason and logic.

 

[Proserpina]

This isn't the first time I've read on here "things just got more complicated" when someone mentions tribal law is involved.

So, I'm very curious here. Does this mean that being registered with a Native American tribe gives someone carte blanche to steal a child away from the other parent with no regard whatsoever for the laws of the United States?

As was explained earlier, it's akin to being under the laws of a different nation. The very second Mom decided to go and LIVE on a reservation (being affiliated and NOT living on the reservation changes things drastically - you're still under US jurisdiction in that instance) jurisdiction becomes an issue. OP hasn't been back to verify but as little as 7 days can be enough to establish residency for the purposes of jurisdiction although in some cases the Tribal Court may allow the US to retain regardless of how long Mom has been there.

And ditto everything else LdiJ said