439 P.3d 718
Wyo.2019Background
- Parents disputed custody of a child; Mother obtained a Wyoming district court order (Feb. 2015) awarding her primary custody after Father defaulted at trial.
- Father, a Cheyenne River Sioux Tribe member, kept the child on the reservation and resisted Wyoming orders; he was convicted of felony interference with custody in related proceedings.
- Father filed multiple petitions in the Cheyenne River tribal court; the tribal court sometimes entered emergency custody/protection orders but also dismissed several petitions for lack of jurisdiction, including a May 29, 2017 order dismissing custody with prejudice.
- In Oct. 2017 Father moved the Sheridan County court to transfer jurisdiction/recognize tribal jurisdiction based on tribal emergency orders and a Tribal Chairman’s notice declaring the child a ward.
- The district court struck/denied Father’s motion, finding Wyoming retained exclusive, continuing jurisdiction and that Father had received due process; Father appealed.
Issues
| Issue | Father’s Argument | Mother/Wyoming’s Argument | Held |
|---|---|---|---|
| Whether the tribal court acquired jurisdiction to make permanent custody orders via emergency orders and ICWA full faith-and-credit | Tribal emergency orders (and Tribal Chairman notice) triggered ICWA §1911(d)/full faith and credit, so tribal court jurisdiction must be recognized | ICWA does not apply to private parental custody disputes; tribal emergency jurisdiction under PKPA is temporary and cannot modify Wyoming’s permanent custody order | Court held ICWA inapplicable to this parental custody dispute and tribal emergency orders did not divest Wyoming of continuing jurisdiction; affirmed denial of transfer/recognition |
| Whether PKPA/recognition of tribal emergency orders allowed tribal court to modify Wyoming permanent custody | Emergency jurisdiction under PKPA allowed temporary protection and should be given effect | PKPA emergency jurisdiction is temporary only; it cannot be used to make permanent custody modifications absent Wyoming relinquishment | Court held PKPA emergency jurisdiction did not authorize tribal court to alter Wyoming’s permanent custody determination |
| Whether Tribal Chairman’s notice made the child a tribal-court ward and conferred exclusive tribal jurisdiction | The Chairman’s notice placed the child under tribal protection/wardship, vesting tribal court with exclusive jurisdiction under ICWA §1911(a) | A Chairman’s notice is not a tribal-court order; no tribal-court order made the child a ward; ICWA still inapplicable | Court rejected claim—no tribal-court warding order in record and Chairman’s notice is not a tribal-court determination |
| Whether district court erred procedurally in striking/denying the motion | Father argued the court should have honored/recognized tribal acts and transferred venue/jurisdiction | Court found Father had notice and opportunity to be heard previously; it properly concluded it retained exclusive continuing jurisdiction | Court affirmed that district court did not err in denying the motion |
Key Cases Cited
- Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30 (tribal-court jurisdiction in adoption/ICWA context)
- Comanche Indian Tribe of Oklahoma v. Hovis, 53 F.3d 298 (10th Cir.) (ICWA applies to termination proceedings)
- John v. Baker, 982 P.2d 738 (Alaska 1999) (ICWA/divorce-exemption applied to nonmarital parental custody disputes)
- Application of DeFender, 435 N.W.2d 717 (S.D. 1989) (state courts’ application of BIA guidelines re: ICWA divorce/custody exemption)
- Sheila L. on Behalf of Ronald M.M. v. Ronald P.M., 465 S.E.2d 210 (W.Va. 1995) (PKPA emergency jurisdiction is temporary and cannot be used to make permanent custody determinations)
- Marquiss v. Marquiss, 837 P.2d 25 (Wyo. 1992) (initial-decree state retains continuing jurisdiction under PKPA/UCCJEA)