Justia Native American Law Opinion Summaries

Articles Posted in Alaska Supreme Court
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The father of three Indian children killed their mother. After the father’s arrest, the father’s relatives moved the children from Alaska to Texas and gained custody of the children through a Texas district court order. The mother’s sister filed a separate action against the father in Alaska superior court, seeking custody of the children and challenging the Texas order. Although Alaska had exclusive jurisdiction to make the initial custody determination, the Alaska court concluded that Texas was the more appropriate forum and ceded its jurisdiction to the Texas court, primarily because evidence about the children’s current status was in Texas. The Alaska Supreme Court vacated the superior court’s decision: it was an abuse of discretion to minimize the importance of protecting the children from the father’s alleged domestic violence and to minimize evidence required to resolve domestic violence and Indian Child Welfare Act issues in this case. View "Rice v. McDonald" on Justia Law

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A federally recognized Alaska Native tribe adopted a process for adjudicating the child support obligations of parents whose children are members of the tribe or are eligible for membership, and it operated a federally funded child support enforcement agency. The Tribe sued the State and won a declaratory judgment that its tribal court system had subject matter jurisdiction over child support matters and an injunction requiring the State’s child support enforcement agency to recognize the tribal courts’ child support orders in the same way it recognized such orders from other states. Because the Supreme Court agreed that tribal courts had inherent subject matter jurisdiction to decide the child support obligations owed to children who are tribal members or were eligible for membership, and that state law thus required the State’s child support enforcement agency to recognize and enforce a tribal court’s child support orders, the Supreme Court affirmed. View "Alaska v. Central Council of Tlingit and Haida Indian Tribes of Alaska" on Justia Law