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.
A federal law preventing parents from taking custody battles across state lines did not apply to tribal nations, a federal appeals court ruled this week.
The decision was binding in 8th Circuit courts — which include North Dakota, South Dakota, Iowa, Minnesota, Missouri, Nebraska, and Arkansas — a legal expert said. In this case, the tribal court decided it was necessary to claim jurisdiction over the case, but the laws of the Cheyenne River Sioux Tribe and the states of North Dakota and South Dakota factored into how it ended up in federal appellate court, she said.
“This is an important victory for the Cheyenne River Sioux Tribe and our Lakota Oyate,” Tribal Chairman Ryman LeBeau said in a statement. “Our children are most sacred. It is the Tribe’s responsibility to protect them. Today, the Eighth Circuit reaffirmed our inherent sovereign authority to do so.”
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