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Rules and Forms | Family and Juvenile Law: Recognition and Enforcement of Tribal Court Child Custody Orders
(Action Required)
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Summary
Summary
The Tribal Court-State Court Forum and the Family and Juvenile Law Advisory Committee recommend that the Judicial Council approve two new forms and revise four existing forms to clarify that the requirement to recognize and enforce child custody orders under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (found in Family Code sections 3400-3465) applies to custody orders issued by a tribal court. Tribal court judges report that they have experienced problems having their child custody orders registered and enforced because the existing form refers only to out-of-state custody orders and does not reference tribal court orders.
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Recommendation
Recommendation
The Tribal Court-State Court Forum and the Family and Juvenile Law Advisory Committee recommend that the Judicial Council, effective January 1, 2025:
1. Approve How to Register and Request Enforcement of Your Out-of-State or Tribal Custody Order (form FL-580-INFO) to set out the process and requirements for registration and enforcement of these orders;
2. Approve Petition for Enforcement of Out-of-State or Tribal Custody Order and Application for Warrant to Take Physical Custody of Child
(form FL-581) for optional use when there has been a breach of a registered out-of-state or tribal child custody order;
3. Revise Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) and Attachment to Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105(A)/GC-120(A)) to include tribal court orders and accommodate use in juvenile proceedings;
4. Revise Registration of Out-of-State Custody Order (form FL-580) to include reference to tribal court orders in the title and throughout the body of the form and allow use in family law, guardianship,...
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