"...It has at times been difficult to follow the case because motions have been filed in different jurisdictions, many filings are under seal and there has been a gag order imposed on certain aspects of the case. For now, according to a one-line sentence in the docket, the Oklahoma Supreme Court is allowing Brown to keep the child. Michael Overall of the Tulsa World estimates the case has spanned three counties, the Oklahoma Supreme Court and the tribal court. The fact that the tribal court is involved could complicate the claims, according to Robert Anderson, an American Indian law expert at the University of Washington Law School. “If the birth father and his wife acquiesce in the Oklahoma state court’s jurisdiction over the matter, then the Oklahoma court will have the final word with respect to the validity of the South Carolina court’s order. On the other hand, if the Cherokee Nation courts were to assert jurisdiction based on the child’s domicile in the Cherokee Nation’s territory, it’s possible that the federal courts would need to get involved to determine the relative bounds of tribal and state jurisdiction as a matter of federal law.” Anderson says, “American Indian law is an exceedingly complex area, and this case is a difficult one within this web of tribal law, state law and federal common law.” On Tuesday, James Anaya, the United Nations Special Rapporteur on the rights of indigenous people, weighed in with a statement. “Veronica’s human rights as a child and as a member of the Cherokee Nation, and indigenous people, should be fully and adequately considered in the ongoing judicial and administrative proceedings that will determine her future upbringing,” Mr. Anaya said. “The individual and collective rights of all indigenous children, their families and indigenous people must be protected throughout the United States.”
Posted on: Thu, 12 Sep 2013 01:26:46 +0000
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