Statutes | Snoqualmie Tribal Code Title 13 Chapter 2 Section 5 ยง 5.2 | 2018

In any State court child custody proceeding commenced in state court involving a Snoqualmie Tribal Child who is not domiciled or does not reside on Snoqualmie Tribal lands, the State court will transfer such proceeding to the jurisdiction of the Snoqualmie Tribal Court, in the absence of good cause to the contrary or objection by either parent. The transfer to Snoqualmie Tribal Court shall occur upon the petition of either parent, the Indian custodian or the Snoqualmie Tribe. The Snoqualmie Tribal Court shall have the authority to decline any such transfer, taking into account the following factors:
(a)            The wishes of the parent, custodian, or guardian
(b)            The wishes of the child, if he/she is able to understand the meaning of a transfer of jurisdiction
(c)             The recommendation of the ICW Program
(d)            The place each party lives and their Tribal status
(e)            The ties and contacts each party has with the communities involved
(f)             The stage of the proceedings in each of the courts with a claim to jurisdiction at the time the motion is brought
(g)            Whether the other court has responded to the notice of the Snoqualmie Tribal Court and
(h)            Whether the other court or government has previously declined to accept, or failed to accept, a transfer of jurisdiction over the child.
If a matter is transferred from state court to Tribal Court, it shall not be necessary for a new petition or complaint to be filed if the pleadings filed in the state court action are sufficient to give notice of the matter therein involved.