Alaska SCT Holds Tribal Council Does Not Have Standing to Appeal Indian Child Custody Matter

Here is the opinion in Asa’carsarmiut Tribal Council v. Wheeler. An excerpt:

The superior court awarded Wheeler primary physical custody. Neither Wheeler nor Myre has appealed the superior court’s decision, but the tribal council appeals, arguing that the superior court lacked modification jurisdiction. The narrow question before us in this appeal is thus whether the tribal council has standing to appeal the superior court’s modification decision in light of the parents’ election not to appeal that decision. We conclude that under this circumstance, the tribal council does not have standing, and we therefore dismiss the appeal.

 

2 thoughts on “Alaska SCT Holds Tribal Council Does Not Have Standing to Appeal Indian Child Custody Matter

  1. reddogdogred November 21, 2014 / 3:11 pm

    The tribal council does have standing to appeal the superior court’s modification decision in light of the parents’ election not to appeal that decision. Natives culture is a social structure that puts the whole tribe first and foremost, unlike European\American culture where they will allow individuals to suffer and die alone.

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