Simmonds v. Parks

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding tribal court’s non-territorial-based claim of adjudicatory authority to terminate non­ member parent’s parental rights to tribal child was “plausible” so that non-member parent was required to exhaust tribal court remedies before seeking state court relief
• concluding tribal court's non-territorial-based claim of adjudicatory authority to terminate non-member parent's parental rights > to tribal child was \plausible\ so that non-member parent was required to exhaust tribal court remedies before seeking state court relief
• comparing comity analysis with full faith and credit and recognizing that full faith and credit requires greater deference to tribal court judgments under heightened standard
• discussing due process requirements under the full faith and credit clause of the Indian Child Welfare Act when granting comity to a parental rights termination and child custody order
• noting exceptions to full faith and credit include “situations where (1) the issuing court lacked personal or subject matter jurisdiction when it entered its judgment; or (2) the issuing court failed to render its judgment in accordance with minimum due process”
• “Before allowing a collateral attack on sister state judgments, we require parties to exhaust appellate remedies.”

Source: CourtListener parenthetical corpus (CC0).