Earlier, we posted the district court order in In re C.D.K., invalidating the adoption of a Cherokee child. Here is an update — the court has denied the motion to return the child, as well as motions from the respondents to stay the order. Instead, the court denied that continuing jurisdiction exists, and ended the matter altogether. In re CDK Order on Writ of Enforcement
An excerpt:
This matter is before the Court on Petitioner’s Motion for Writ of Execution and Motion to Expedite a Hearing on the Return of Custody, and on Respondents’ Motion for Stay of Execution Pending Appeal and Approval of Supersedeas Bond. Petitioner, in her Motion for Writ, requests that her biological child, C.D.K., be returned to her immediately, pursuant to her reading of the Court’s June 4, 2009 Order granting Summary Judgment. Petitioner also requests, in her Motion to Expedite, that the Court hold a hearing to determine return of custody. Respondents request a stay of execution pending their appeal to the Tenth Circuit. Because the Court finds that it has no further jurisdiction in this case, and because the Court’s previous orders do not provide sufficient grounds for immediate return of C.D.K. to Petitioner, the Court will deny Petitioner’s Motions. Because the Court does not believe that Respondents are entitled to an injunction of state court proceedings pending appeal, the Court will deny Respondents’ Motion, as well.
Turtle Talk 