Mitchell v. Preston, April 16,2019 (Supreme Court of Wyoming)

Synopsis provided by Westlaw: Following extensive litigation in child custody action, 2018 WY 110, 426 P.3d 830, father, an Indian tribe member who kept child on reservation, filed motion to establish jurisdiction in tribal court and motion for change of venue, seeking an order relinquishing permanent child custody jurisdiction to the tribal court. Mother, who was not a member of the tribe and who had been awarded primary custody of child, filed motion to strike. The District Court, Sheridan County, Norman E. Young, J., granted mother’s motion, and father appealed.

Holdings provided by Westlaw: The Supreme Court, Kautz, J., held that:
1) Indian Child Welfare Act (ICWA) did not apply, and
2) even assuming ICWA applied, tribal court’s emergency orders under Parental Kidnapping Prevention Act (PKPA) did not give tribal court jurisdiction to make permanent custody decisions.

Read the full decision at the National Indian Law Library website.