Statutes | Mashantucket Pequot Tribal Law Title 5, Chapter 1 ยง 3 | 2018
a. There is hereby established a division of the tribal court to be known as the family court, which shall have exclusive jurisdiction over any Child Custody Proceeding involving a Child who resides, or is domiciled, within the Mashantucket Pequot Reservation, settlement area, or trust lands, or a Child who is a ward of the court, notwithstanding the residence or domicile of the Child. Where the family court asserts jurisdiction over a Child pursuant to this Law, the court shall also have jurisdiction over any adult residing in the Child's home to the extent necessary to issue any orders protecting the best interests of the Child.
b. The family court may take jurisdiction over any Child Custody Proceeding involving a Child who does not reside on, or is not domiciled, on the Mashantucket Pequot Reservation, settlement area, or trust lands. Where the family court asserts jurisdiction over a Child pursuant to this Law, the court shall also have jurisdiction over any adult residing in the Child's home to the extent necessary to issue any orders protecting the best interests of the Child.
c. The family court may accept a transfer of jurisdiction from any court of competent jurisdiction involving a Child custody proceeding of a Child not domiciled or residing within the Reservation, upon the petition of either parent or the Child's custodian, or the Tribe provided however, that the family court may decline to accept jurisdiction over a Child custody proceeding when there is good cause to decline such jurisdiction. The family court may transfer a Child Custody Proceeding to an appropriate court of competent jurisdiction when the transfer is in the best interests of the Child.
d. In any Child Custody Proceeding in a state court, the Tribe shall have the right to intervene at any point in the proceeding to protect the best interests of the Child.
e. The family court shall have the authority to issue all orders necessary to ensure the safety of Children within the jurisdiction of the Tribe, including, but not limited to, the issuance of subpoenas and orders of restriction, the imposition of fines and sanctions for contempt, and such other orders as may be appropriate. All actions brought under this Law shall be determined by the family court in accordance with tribal law. The court may be guided, but not bound by, the principles of law applicable to similar claims arising under the laws of the state of Connecticut or of the United States.
f. The family court shall give full faith and credit to the public acts, records and judicial decrees applicable to Child Custody Proceedings of any court of competent jurisdiction to the same extent that such court gives full faith and credit to the public acts, records and judicial decrees of the tribal court.
g. Family court judges shall meet the general qualifications for tribal court judges, and, in addition, shall have significant training and experience in Child welfare matters, and be familiar with the Indian Child Welfare Act, 25 U.S.C. §§ 1901&ndash1923, and the Indian Child Protection and Family Violence Prevention Act, 25 U.S.C. §§ 3201&ndash3211, 18 U.S.C. § 1169. The family court may establish qualifications for additional court personnel as needed, such as guardians ad litem, court appointed special advocates, and special investigators.