indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala Sioux Tribe heads to election season (10/23)
Al Caroll: Recognize tribal sovereignty in new US Constitution (10/23)
Michael Baines: Senate candidate battles Alaska Native rights (10/23)
President Barack Obama urges early voting for Alaska Natives (10/23)
Ho-Chunk Nation woman named president of Girl Scouts board (10/23)
3rd Circuit won't force town to repatriate Jim Thorpe's remains (10/23)
Navajo Nation's top court orders new ballots without candidate (10/23)
Alaska Federation of Natives ready to open annual convention (10/23)
Alaska governor to sign Native languages bill six months later (10/23)
Rep. Don Young blames government 'largesse' for suicide rate (10/23)
Washington player says tattoo represents Cherokee heritage (10/23)
Crow Tribe seeks renewal of Indian Coal Production Tax Credit (10/23)
Native advocates come together to combat domestic violence (10/23)
Agua Caliente Band and DOJ submit briefs in water rights case (10/23)
Former health executive from Chippewa Cree Tribe sentenced (10/23)
Final person sentenced in theft from Blackfeet Nation program (10/23)
Opinion: Tribes exploit loopholes in America's political system (10/23)
Otoe-Missouria Tribe announces plans for new gaming facility (10/23)
Rival leaders of Chukchansi Tribe to meet amid casino closure (10/23)
Navajo Nation challenges lawsuit over death of casino patron (10/23)
Law Article: Judge restricts BIA authority in Class III dispute (10/23)
Column: Election won't end North Fork off-reservation casino (10/23)
Eyapaha Today: Oneida singer follows in mother's footsteps (10/22)
Native Sun News: Candidate seeks investigation into program (10/22)
Ivan Star Comes Out: Lakota people disrespect our language (10/22)
Cedric Sunray: Standing together to fight tribal disenrollment (10/22)
SCIA to hold listening session at NCAI on Indian education bill (10/22)
FNDI urges passage for Indian Teacher Loan Forgiveness Act (10/22)
Chumash Tribe praises BIA movement on land-into-trust bid (10/22)
Steven Newcomb: The role of Latin in empire and colonization (10/22)
Christopher Chavis: Navajo court got it wrong in fluency case (10/22)
Navajo Nation presidential hopeful to be removed from ballot (10/22)
Aging BIA school on Navajo Nation awaits replacement funds (10/22)
Review: NMAI treaties exhibit underscores misunderstandings (10/22)
Alaska Native elders and youth share issues at annual meeting (10/22)
Shinnecock Nation allows felons to hold office in certain cases (10/22)
2nd Circuit hears appeal from former chairman of Pequot Tribe (10/22)
Rep. Don Young criticized for comments to high school students (10/22)
Candidates differ on Spokane Tribe's off-reservation casino bid (10/22)
Poarch Creeks to add hotel to casino with $65M expansion plan (10/22)
Salt River Tribe concerned about Tohono O'odham Nation casino (10/22)
North Fork Rancheria blames rival tribes for holding up compact (10/22)
Ballot proposal authorizes more Class III games in South Dakota (10/22)
Blog: Predictions for gaming with Hillary Clinton in White House (10/22)
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.