indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Florida court rejects tribal jurisdiction in child custody dispute

Filed Under: Law | National
More on: florida, jurisdiction, languages, miccosukee, tribal courts
     

The Miccosukee Tribe lacks jurisdiction in a child custody dispute, a Florida appeals court ruled on Wednesday.

The tribe's court awarded custody of two children to Layla Billie, their Miccosukee mother. The non-Indian father, Kevin Stier, challenged the proceedings, which were largely conducted in the Miccosukee language.

The dispute ended up in state court, with both parties attempting to assert their rights under the Uniform Child Custody, Jurisdiction, and Enforcement Act. The Florida Third District Court of Appeal ruled for the father, holding that the tribal proceedings did not "substantially conform" with the law.

"Specifically, the Circuit Court relied on the fact that 1) the father did not receive notice of the reason for the proceedings in the Tribal Court as required by Section 61.509(3), Florida Statutes (2012), and he had not submitted himself to the jurisdiction of the Tribal Court; 2) at the temporary child custody hearing the father did not have the opportunity to be heard; 3) the father’s attorney was not allowed into the tribal proceedings even as an observer; 4) although the father was allowed to attend the proceedings, he was unable to understand what was happening as the proceedings were conducted largely in the Miccosukee language and he was not given an interpreter; and 5) the mother testified in Miccosukee for over twenty minutes and the Tribal Court gave the father only a two-minute summary in English before granting temporary custody to the mother," the decision stated.

"We agree with the Circuit Court that those actions were not in substantial conformity with the UCCJEA," the decision continued.

Billie's attorney is considering an appeal, The Miami Herald reported.

Get the Story:
Appeals court: Tribal judges should not oversee custody dispute case (The Miami Herald 4/24)

Florida Court of Appeals Decision:
Billie v. Stier (April 23, 2014)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
North Dakota county wants 'Sheriff Kirchmeier' account off Twitter (12/7)
Lakota Country Times: County sheriff sued over excessive force (12/7)
Vi Waln: The #NoDAPL movement reminds them we are still here (12/7)
Native Sun News Today: Lakota artist designs 'Water is Life' tipi (12/7)
Common Dreams: Veterans ask for forgiveness at Standing Rock (12/7)
Tiffany Midge: Don't shame Standing Rock Sioux Tribe for pipeline (12/7)
Editorial: A 'false victory' on the Dakota Access Pipeline easement (12/7)
Nick Zaiac: Let tribes decide what to do with their own homelands (12/7)
Redding Rancheria 'excited' about bid to move casino to new site (12/7)
Dakota Access resumes push to complete final portion of pipeline (12/6)
Dave Archambault: It's time for water protectors to return home (12/6)
Kirk Francis: Tribes must remain vigilant despite #NoDAPL victory (12/6)
Tracy Loeffelholz Dunn: Numbers behind Standing Rock's victory (12/6)
Supreme Court schedules oral argument in tribal immunity case (12/6)
Congress passes long-awaited land bills for two tribes in Oregon (12/6)
USDA awards first $10M loan to help consolidate Indian land base (12/6)
Native Sun News Today: Lone Indian Republican wins in Montana (12/6)
Lakota Country Times: New rule curbs waste of tribal resources (12/6)
Clara Caufield: Indian Country in good hands with young leaders (12/6)
Non-Indian gaming firm fighting Wilton Rancheria casino project (12/6)
Chukchansi Tribe casino dispute leads to lawsuits in federal court (12/6)
Indian Country cheers historic decision on Dakota Access Pipeline (12/5)
Tribes and Dakota Access headed back to court for hearing in D.C. (12/5)
Sen. Heidi Heitkamp again parts with Indian Country on #NoDAPL (12/5)
Dave Archambault: Standing Rock Sioux Tribe thanks many allies (12/5)
Mark Trahant: Standing Rock Sioux Tribe continues to defy history (12/5)
Democracy Now: Thousands of veterans deploy to Standing Rock (12/5)
Dana Lone Hill: Lakota prophecy warns of our water turning black (12/5)
James Giago Davies: Finding the real enemy in the #NoDAPL fight (12/5)
Senate committee ready for hearing on Cobell buy-back program (12/5)
Bureau of Indian Affairs extends comment period on probate rule (12/5)
Native American Farming and Ranching panel gets new members (12/5)
Class III gaming compacts for five tribes in California take effect (12/5)
Lakota Country Times: 'Tanka Bar' company recognized as leader (12/5)
Native Sun News Today: Northern Cheyenne leaders inaugurated (12/5)
Harlan McKosato: Don't believe everything you read on Facebook (12/5)
Dina Gilio-Whitaker: Why election was dangerous for Indian people (12/5)
Indian Republicans associated with Trump seek trust land changes (12/5)
Quinault Nation prepares for journey to Standing Rock encampment (12/2)
Doug George-Kanentiio: Iroquois prophecies warn of grave dangers (12/2)
Brandon Ecoffey: Media gets it wrong on Dakota Access frontlines (12/2)
Bronson Koenig: What I found during my journey to Standing Rock (12/2)
Timothy Egan: Fake cowboys cheered while the real Indians suffer (12/2)
Lakota Country Times: Laced marijuana finds its way to Pine Ridge (12/2)
Native Sun News Today: Owner of Wounded Knee site lowers price (12/2)
David Ganje: An opportunity for tribes to clean up their homelands (12/2)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.