Colorado COA Affirms Refusal to Transfer ICWA Case to Tribal Court (Sault Tribe)

Matthew L.M. Fletcher

Here is the opinion in In re T.E.R.

An excerpt:

In July 2012, mother moved to transfer jurisdiction to tribal court. The Department and the guardian ad litem (GAL) opposed the motion, arguing that good cause existed to deny the transfer because the case was at an advanced stage, and the case could not  be adequately presented in the tribal court without undue hardship to the parties or the witnesses. The Tribe took no position.