deciding best interests of the child is relevant in deciding whether to transfer jurisdiction
How later courts described this case
- deciding best interests of the child is relevant in deciding whether to transfer jurisdiction
- noting that “when the best interests standard is used, care must be taken to avoid a purely Anglo-American point of view” (footnote omitted)
Written by the judges who cited it.
The opinion
TAYLOR, J.,
concurring in part and dissenting in part.
{ 1 I concur with the majority's decision to reverse the trial court's order denying transfer of the proceedings to the tribal court. However, I would reverse and remand with instructions for the trial court to sustain the Cherokee Nation's petition to transfer the case to the tribal court because the Appellees failed to show the existence of any good cause to deny the petition for transfer. 25 U.S.C. § 1911 (b).
T2 It also appears that placement preferences and other requirements of the Indian Child Welfare Act, 25 U.S.C. § 1901 through § 1963, have not been followed.
T3 This case can be adequately presented in the tribal court without any undue hardship to the parties or witnesses.