New York appellate court addresses state and tribal custody jurisdiction

The court held that on this record the Indian Child Welfare Act did not govern the custody proceeding and that New York had priority under the UCCJEA. The court concluded the Navajo Court’s exercise of jurisdiction in the protective-order proceeding was not in substantial conformity with the UCCJEA and that New York was the child’s home state. It separately reversed a nonemergency transfer of physical custody made without a fact-finding hearing and remanded to another judge. The decision is specific to its record and does not deny the general authority of tribal courts.