“Every child should have a happy growing-up life.” (S’Klallam Elder.)
This chapter provides a process for determining certain issues regarding children when the children’s parents do not live together. These issues include: where the children will live, how they will maintain significant contacts with their parents, siblings, grandparents, other extended family members and the Port Gamble S’Klallam community, and how decisions about their upbringing will be made.
It is Port Gamble S’Klallam policy that the child is the central focus of attention and protection in determining custody and visitation matters.
It is also Port Gamble S’Klallam policy that S’Klallam children should have an opportunity to learn about and participate in the S’Klallam Way. This includes access to S’Klallam family, participation in S’Klallam events and an opportunity to exercise S’Klallam treaty rights.
It is the intent of this chapter to encourage parents to meet their parental responsibilities through agreements, where appropriate, rather than relying on judicial intervention.
This chapter may be used as a guide during guardianship proceedings under chapter 16.03 when a child’s guardians or non-parent custodians separate or divorce. The Parenting Plan may be used in ICW proceedings when there is also an issue of custody and visitation due to parental separation or divorce, or when non-married parents are not living together.
(Res. 04 A 034, 3/9/2004)
Personal jurisdiction over a non-custodial parent is not needed for a determination of child custody or visitation as long as the person has been given notice according to Title 21.01.16, and a reasonable opportunity to be heard.
(Res. 04 A 034, 3/9/2004)
[1]
Note: Under the Uniform Child Custody Jurisdiction Act a court may adjudicate custody without acquiring personal jurisdiction over an absent party given reasonable attempts to furnish notice of proceedings, since custody is an adjudication of the child’s status. While Pt. Gamble S’Klallam law does not include this Act, it adopts a similar personal jurisdiction rule. This section is intended for clarification, not to restrict the scope of jurisdiction set forth in Section 1.02.01, Jurisdiction.
In a proceeding under this chapter, the child shall be a ward of the Port Gamble S’Klallam Court if:
(a) 
One of the parties has a significant connection with a state other than Washington; and
(b) 
The child is:
(i) 
An enrolled Port Gamble S’Klallam member, or
(ii) 
The child of an enrolled Port Gamble S’Klallam member and not enrolled in another tribe.
(Res. 04 A 034, 3/9/2004)
A petition for determination of child custody shall be prepared on a form approved by the Court Administrator. It may be filed as a separate proceeding or it may be filed in connection with:
(a) 
A petition for Divorce, Invalidity of Marriage or Legal Separation under chapter 21.04;
(b) 
A petition for paternity establishment or disestablishment under chapter 21.02;
(c) 
A petition for child support under chapter 21.03;
(d) 
A domestic violence protection order under chapter 16.06; or
(e) 
A vulnerable adult protection plan under chapter 16.07.
(Res. 04 A 034, 3/9/2004)
A petition for determination of child custody may be filed by a parent of the child.
When guardians or non-parent custodians of a child separate or divorce, chapter 16.03, Guardianship should be used to determine custody and visitation issues. The present chapter may serve as a guide in those proceedings.
(Res. 04 A 034, 3/9/2004)
A petition for child custody shall contain:
(a) 
The name, age, address, tribal affiliation, date and place of birth, and social security number of the parties and every dependent child of the marriage or relationship;
(b) 
Whether the mother and father are or were married, and the dates of marriage, separation and divorce, if any;
(c) 
A completed Parenting Plan, on a form approved by the Court Administrator. The Parenting Plan may be filed later, as provided in section 21.05.14 (c);
(d) 
Whether any of the following proceedings involving the parties or the child are pending or have taken place in any court and, if so, a copy of any orders from the proceedings:
(i) 
Child custody proceeding;
(ii) 
Child support proceeding;
(iii) 
A request for a domestic violence protective order or no-contact order;
(iv) 
A request for a restraining order involving the child or a party; or
(v) 
Indian Child Welfare proceeding.
(e) 
A copy of the child’s birth certificate shall be attached to the petition or provided to the Court at least ten (10) days before the first hearing.
(Res. 04 A 034, 3/9/2004)
After a child custody petition is filed, the Court shall notify the Port Gamble S’Klallam Indian Child Welfare Program of the names of the parties and child involved in the case. The Indian Child Welfare Program shall determine whether the child is the subject of a proceeding under chapter 16.02, Child in Need of Care, or an Indian Child Welfare proceeding in any other court.
If the child is the subject of an Indian Child Welfare proceeding, the Court may dismiss the custody case or it may retain jurisdiction over the case and continue it pending the ICW proceedings under chapter 16.02. In an ICW proceeding which also involves custody following separation or divorce, the Court may be guided by the provisions of this chapter, including the requirement of a Parenting Plan.
(Res. 04 A 034, 3/9/2004)
When the Court receives a petition, it shall set a preliminary hearing date which shall not be more than thirty five (35) calendar days after the petition was received, or not more than seventy-five (75) calendar days if service is by publication, unless continued for good cause. The date, time and place of the preliminary hearing shall be contained in the summons.
(Res. 04 A 034, 3/9/2004)
After a petition is filed, the petitioner shall cause the respondent to be served with a copy of the petition, summons and notice of the first hearing. The petition, summons and notice of the hearing shall be served in sufficient time before the hearing to give the respondent twenty (20) calendar days to respond, or sixty (60) calendar days when service is by publication, and then ten (10) calendar days for the petitioner to consider the response. If either party does not receive this amount of time before the hearing, a continuance may be granted, upon request.
The petition, summons and notice shall be served as provided in section 21.01.10.
The parties may sign a joint petition and by doing so, waive the requirements of service of the petition and summons.
(Res. 04 A 034, 3/9/2004)
The summons, prepared on a form approved by the Court Administrator, shall notify the respondent that if he or she does not appear or respond to the petition within twenty (20) calendar days from the date of service or within sixty (60) calendar days of the date of publication, if service is by publication, the Court may proceed without the respondent and a default judgment may be entered without his or her participation.
(Res. 04 A 034, 3/9/2004)
The person serving the summons and petition shall file with the Court certification that he or she has served the respondent, including the date and place of service. If service was made on a person other than the respondent, the certification shall state the name of the person served, the date and place of service, and the instructions given.
In case of service by certified mail, the return receipt shall be filed with the Court and shall constitute the proof of service. In case of service by publication, an affidavit by the person causing the notice to be published and a copy of the summons as published shall constitute the proof of service.
(Res. 04 A 034, 3/9/2004)
Unless the parties have filed a joint petition, the respondent shall file his or her response within twenty (20) calendar days after the respondent is served with a copy of the petition, or within sixty (60) calendar days if service was by publication. The response shall include a completed Parenting Plan, on a form approved by the Court Administrator, unless the respondent chooses to file the Parenting Plan later, as provided in section 21.05.14 (c).
(Res. 04 A 034, 3/9/2004)
If the respondent disagrees or is unsure that the male party is the father of the child, he or she shall state this fact in the response.
Upon the request of either party, the Court shall continue the child custody proceeding pending establishment of paternity, as provided in chapter 21.02.
(Res. 04 A 034, 3/9/2004)
(a) 
Contents. A proposed Parenting Plan shall contain provisions for the following:
(i) 
Residential provisions which designate where the child will live and what contact they will have with each parent; a schedule for the child’s residence on given days of the year, including provision for holidays, birthdays of family members, vacations, and other special occasions; and provision for transportation of the child between parents;
(ii) 
Child support provisions as set forth in section 21.03.23, governed by the procedures of chapter 21.03;
(iii) 
Which parent shall have decision-making authority regarding the child’s education, health-care, spiritual and cultural upbringing, and other areas;
(iv) 
Contact with grandparents or extended family members, unless restrictions to protect the child are required, as provided in section 21.05.27;
(v) 
Contact with the Port Gamble S’Klallam tribal community, including participation in cultural events; and
(vi) 
Designation as to which parent will claim the child as dependent(s) for tax purposes.
(b) 
Agreed Parenting Plan. Parties may agree to all or part of a proposed Parenting Plan.
(c) 
Filing and Service. A party must file his or her Parenting Plan and cause it to be served on the other party within ten (10) calendar days before the hearing unless it has been filed with the petition or response.
(Res. 04 A 034, 3/9/2004)
There are three types of orders in a custody case: emergency, temporary and final.
An emergency order can be issued immediately, without notice or a hearing and it only lasts until the first hearing.
A temporary order is issued after notice and a hearing and it lasts until the final order (also called the “decree”). A temporary order can follow an emergency order and cover the same things or a temporary order can be the only order before the final order.
Some parties may only need a final order (“decree”).
(Res. 04 A 034, 3/9/2004)
A party may request, by motion and affidavit, an emergency order or a temporary order during the time before the final custody decree. The affidavit shall be signed in front of a notary and it shall set forth the factual basis for the motion. Emergency or temporary orders may include, but are not limited to, the following:
(a) 
Temporary Parenting Plan. A temporary Parenting Plan shall include temporary residential arrangements and temporary decision-making authority.
(b) 
Emergency or Temporary Restraining Orders. These orders may restrain a party from
(i) 
Entering the home or workplace of the other party or the school or day care of the child;
(ii) 
Going within a certain distance of the other party or the child;
(iii) 
Threatening or harassing the other party or the child; or
(iv) 
Removing the child or causing the child to be removed from a particular geographic area.
Emergency and temporary restraining orders shall contain a notice warning the party restrained that violation of the restraint provisions of the order is grounds for contempt of court and for arrest and that he or she will be arrested even if the person who obtained the order invites or allows him or her to violate the order’s prohibitions.
(c) 
Domestic Violence Protection Orders. These orders are issued under the procedures of Title 16.06. A party may request a Domestic Violence Protection Order in connection with a child custody proceeding. Domestic violence protection orders differ from restraining orders in that they are entitled to immediate enforcement off the reservation.
(Res. 04 A 034, 3/9/2004)
[1]
Cross Reference: Section 16,06.10, Domestic Violence Protection Order; section 1.06, Contempt of Court; section 5.04.10, Violating Restraint Provisions of a Restraining Order or Domestic Violence Protection Order.
The Court may issue an emergency order, pending a hearing on a temporary or final order, without notice to the other party if:
(a) 
The moving party demonstrates to the Court by written affidavit that immediate and irreparable damage, injury or loss will occur unless restrained by the Court; and
(b) 
The moving party provides written reasons why notice should not be required and written certification of his or her efforts, if any, to notify the other party.
A judge or judicial officer shall have authority to issue emergency orders.
The emergency order shall contain a statement of the injury, why it would be irreparable if not restrained, why the order was granted without notice, and the expiration date which shall not be later than the first hearing.
A hearing on a temporary or final order shall be scheduled within thirty-five (35) days.
The emergency order shall be served upon the other party. It may be modified, vacated, or set aside by motion of either party upon notice and opportunity for hearing.
(Res. 04 A 034, 3/9/2004)
A motion for a temporary order shall be accompanied by an affidavit signed in front of a notary and setting forth the factual basis for the motion and the temporary relief requested. The motion may also be made in open court.
Notice of a hearing for the motion shall be given as provided in section 21.01.16.
(Res. 04 A 034, 3/9/2004)
(a) 
Purpose. The purpose of the preliminary hearing is to determine whether a custody report is needed, whether temporary orders for the protection of the child and/or the family are needed pending further proceedings, and to review any proposed agreed orders.
(b) 
Custody Report. The Court may order an investigation and report concerning parenting arrangements for the child, as provided in section 21.05.22. If a party testifies that there are questions about the safety of the child in the custody of another party, the Court shall order an investigation and report.
(c) 
Temporary Orders. The Court may issue temporary restraining orders as provided in sections 21.05.15 – 21.05.19, temporary custody and/or visitation orders, temporary Parenting Plans, or domestic violence protection orders.
(d) 
Attempt to Reach Agreement. If the parties have not agreed on custody or other issues in the Parenting Plan, the Court may order the parties to attempt to reach their own agreement, except in cases where the parties have a history of domestic violence.
(e) 
Proposed Agreed Orders. The parties to proceedings under this chapter may agree to a proposed order that resolves some or all of the issues of the case. Before approving any agreed order, the Court shall review it to determine that:
(i) 
The agreement appears to give the child all the benefits both parties have to offer, considering the factors set forth in section 21.05.26;
(ii) 
No party’s consent to the proposed order is the result of coercion, threat, duress, fraud, over-reaching, or improper promise on the part of any person; and
(iii) 
No aspect of the agreement is likely to put a victim of domestic violence at increased risk.
The judge may hold an in-chambers, ex-parte discussion with any party or with the child, if it appears to the judge that the child is old enough to share his or her views. In no case shall the child be made to feel that he or she is responsible for the decision on custody.
If the Court finds that consent was not truly voluntary or that the agreement does not give the child all the benefits both parties have to offer, the agreed order shall not be entered and the case shall proceed to the custody hearing.
(f) 
If the proposed agreed order resolves all of the issues before the Court and no custody report is warranted, the Court may enter the proposed agreed order as the final order without proceeding to the custody hearing.
[1]
Note: The phrase “all the benefits both parties have to offer” has been chosen to take the place of the standard phrase “best interests of the child.” This is due to the fact that “best interests of the child” has historically been used against Indian children.
(a) 
Who Prepares Report. The custody report shall be prepared by a guardian ad litem who is qualified to prepare such a report and is approved for this purpose by the Port Gamble S’Klallam Court.
(b) 
Contents. The agency or individual preparing the custody report shall conduct a complete home study and shall consult with the child’s parents and health, education, and social service personnel who have had prior professional contacts with the child. The purpose of the inquiry is to determine what custody arrangements would give the child all the benefits both parties have to offer. A check of the criminal records, if any, of the parents shall be requested from state and tribal law enforcement authorities. Evidence of alcohol and drug abuse, if any, shall be described. The report shall be in writing and contain the professional opinions of all persons consulted.
(c) 
Guardian ad Litem Qualifications. A guardian ad litem shall be an adult who is currently certified as a guardian ad litem, is in good standing with the Court, has never been convicted of a felony, and has never been convicted of any crime against a child. Preference shall be given to enrolled Tribal members. No person who is an interested party in a proceeding, who appears as counsel in the proceeding on behalf of any party, or who is a relative or representative of an interested party may be appointed guardian ad litem in that proceeding. A guardian ad litem may be recognized as certified by the Court if he or she:
(i) 
Has completed guardian ad litem training provided by a tribe or by a state, or
(ii) 
Is recognized as a certified guardian ad litem by another jurisdiction.
(d) 
Guardian ad Litem Responsibilities. The guardian ad litem has none of the rights or duties of a general guardian. The guardian ad litem shall:
(i) 
Be an advocate for the child in determining what custody arrangements would give the child all the benefits both parties have to offer,
(ii) 
Consider, but shall not be bound by, the wishes of the child or the positions of others as to what custody arrangements would give the child all the benefits both parties have to offer,
(iii) 
Investigate the issues and provide a written report to the Court, and
(iv) 
Communicate to the Court the wishes of the child, unless the child asks the guardian ad litem to do otherwise.
(e) 
Compensation. The guardian ad litem shall be compensated at a rate that the Court determines is reasonable, to be paid by the parties. The Court may apportion the amount that each party shall pay based on the parties’ ability to pay or the Court may assess the cost equally between the parties.
(f) 
Waiver of Confidentiality. The guardian ad litem is authorized to obtain records related to the child and required for the custody report even if those records are otherwise confidential.
(Res. 14-A-124, 9/22/2014, amended this section to remove the responsibility of custody reports from the Indian Child Welfare Program and place that responsibility with a qualified guardian ad litem.)
[1]
Note: The phrase “all the benefits both parties have to offer” has been chosen to take the place of the standard phrase “best interests of the child.” This is due to the fact that “best interests of the child” has historically been used against Indian children.
The custody report shall be filed with the Court at least ten (10) calendar days before the custody hearing. The Court Administrator shall provide copies of the report to all parties at least five (5) calendar days before the custody hearing.
(Res. 04 A 034, 3/9/2004)
If a custody report finds that the child is a “child in need of care,” according to chapter 16.02.02, the Indian Child Welfare Program shall file a case under Title 16 of the Port Gamble S’Klallam Law and Order Code. After the ICW case is filed, the Court may dismiss the custody case or it may retain jurisdiction over the case and continue it pending the ICW proceedings under chapter 16.02. In an ICW proceeding which also involves custody following separation or divorce, the Court may be guided by the provisions of this chapter, including the requirement of a Parenting Plan.
(Res. 04 A 034, 3/9/2004)
(a) 
Closed Hearings. Only those persons the Court finds to have a legitimate interest in the proceedings may attend hearings under this chapter.
(b) 
The Court shall consider the custody report, if any, the proposed Parenting Plan(s), and it shall hear testimony, if necessary or requested by a party, to determine if a proposed Parenting Plan gives the child all the benefits both parties have to offer.
(c) 
The judge may speak with the child alone in chambers if it appears to the judge that the child is old enough to share his or her views. In no case shall the child be made to feel that he or she is responsible for the decision on custody.
[1]
Cross Reference: Section 21.03.20 a, Child Support Hearing Conduct – Who May Attend.
It is Port Gamble S’Klallam policy and law that considerations of custody and visitation are completely child-centered in order to give a child all the benefits that each party has to offer.
In determining if the provisions in a Parenting Plan give a child all the benefits each party has to offer, the Court shall be guided by the following factors:
(a) 
The emotional needs and developmental level of the child;
(b) 
Whether one party is more responsible and effective in caring for the child and whether the child is more bonded with one party or the other;
(c) 
Residential provisions should encourage each parent to maintain a loving, stable, and nurturing relationship with the child. Significant contact with both parents is important to the child’s well-being, unless there is good cause to restrict contact, as provided in section 21.05.27;
(d) 
Significant contact with siblings is important to the child’s well-being, unless there is good cause to restrict contact, as provided in section 21.05.27;
(e) 
Significant contact with extended family is important to the child’s well-being, unless there is good cause to restrict contact, as provided in section 21.05.27;
(f) 
Significant contact with the child’s tribal community and culture is important to the child’s well-being;
(g) 
Excessive conflict between parents is detrimental to the child and plans should minimize opportunities for conflict, to the extent possible; and
(h) 
In cases where the parties have a history of domestic violence, the Court shall fashion orders that protect the safety of the parties and the child.
[1]
Note: The phrase “all the benefits both parties have to offer” has been chosen to take the place of the standard phrase “best interests of the child.” This is due to the fact that “best interests of the child” has historically been used against Indian children.
If the Court finds that a party or a person who the party lives with or associates with in the presence of the child poses a risk of harm to the child, the Court shall fashion a plan that will protect the child. This may include requiring supervised visitation.
The Parenting Plan shall protect the child while allowing the child to receive whatever benefits the party has to offer. This may include having contact with the party’s extended family or simply establishing some way for the child to know that the party loves the child.
[1]
Note: The phrase “all the benefits both parties have to offer” has been chosen to take the place of the standard phrase “best interests of the child.” This is due to the fact that “best interests of the child” has historically been used against Indian children.
When the respondent fails to appear or otherwise defend, the petitioner may request a default custody order. The Court may enter a default custody order, including the provisions of the proposed Parenting Plan, upon finding the following:
(a) 
The Court has jurisdiction over the subject matter of the case;
(b) 
The respondent was given proper service of the petition and summons and proper notice of the hearing; and
(c) 
The proposed Parenting Plan is child-centered to give the child all the benefits both parties have to offer.
Notice of the default decree shall be served on the respondent.
[1]
Note: The phrase “all the benefits both parties have to offer” has been chosen to take the place of the standard phrase “best interests of the child.” This is due to the fact that “best interests of the child” has historically been used against Indian children.
Generally, grandparents and extended family members will have contact with the child during the time the child is in the physical custody of the parent to whom the grandparents or others are related. This section applies when the normal arrangement is not possible, such as in the case of the death or restricted visitation of the related parent.
(a) 
Who May File Petition: A child’s grandparent or other member of the child’s extended family may petition the Court for visitation or may intervene in a custody proceeding to request visitation;
(b) 
Petition – Contents: The petition for visitation shall contain the same information as a petition for child custody except that no Parenting Plan is required. In addition, the petition shall contain:
(i) 
A statement describing how the petitioner is related to the child;
(ii) 
A statement describing the child’s current residential arrangements; and
(iii) 
The proposed visitation schedule
(c) 
Visitation Report. The Court may order a report on visitation according to the procedure set forth in sections 21.05.20 (b) and 21.05.22 - .24 for custody reports.
(d) 
Visitation Hearing. In determining whether to grant visitation and, if granted, the nature and extent of the visitation, the Court shall be guided by the following factors:
(i) 
The emotional needs and development level of the child;
(ii) 
Whether the petitioner will be responsible and effective in caring for the child;
(iii) 
Whether the visitation will contribute to significant contact with siblings which is beneficial to the child, unless there is good cause to restrict contact, as provided in section 21.05.27;
(iv) 
Whether the visitation will contribute to significant contact with the child’s tribal community and culture;
(v) 
Excessive conflict between the parties is detrimental to the child. Visitation plans should minimize such conflict; and
(vi) 
If the Court finds that the petitioner or a person who the petitioner lives with or would associate with in the presence of the child poses a risk of harm to the child, the Court shall either deny the visitation or fashion a visitation plan that will protect the child.
(Res. 04 A 034, 3/9/2004)
If a party fails to comply with a provision of a Parenting Plan or a child support order, the other party’s obligations under the Parenting Plan or the child support order are not affected. This means you cannot withhold visitation if the other party does not pay child support.
(Res. 04 A 034, 3/9/2004)
(a) 
Failure to comply with a provision in a Parenting Plan or a child support order constitutes contempt of court, as provided in chapter 1.06.
(b) 
Failure to comply with orders restraining threats or acts of violence or orders restraining entering a home, school or workplace constitutes contempt of court and it is also a criminal offense.
(Res. 04 A 034, 3/9/2004)
[1]
Cross Reference: Section 16.06.12, Domestic Violence Protection Order; Section 1.06, Contempt of Court; Section 5.04.10, Violating Restraint Provisions of a Restraining Order or Domestic Violence Protection Order.
After the hearing or upon approval of an agreed order, the Court shall enter two court orders: 1) findings of fact and conclusions of law and 2) a separate final custody order. The findings and conclusions shall include:
(a) 
The basis for the Court’s jurisdiction over the case;
(b) 
The current addresses of the parties;
(c) 
The names, birthdates, ages, addresses and tribal affiliations of the children dependent on the parties; and
(d) 
Specific descriptions of any restrictions required by section 21.05.27 and the reasons for those restrictions or the reasons for any other order necessary for the protection of the child, including domestic violence protective orders or continued supervision by the Indian Child Welfare Program.
(Res. 04 A 034, 3/9/2004)
The Court shall have broad discretion to fashion a final custody order that will provide the best care for the child.
The custody final order shall include:
(a) 
A statement that the Court has jurisdiction over the case;
(b) 
A statement that the child shall reside with and visit the parties in accordance with the Parenting Plan which is attached to and incorporated in the final order and that the parties shall allocate decision making and resolve any disputes in accordance with that Parenting Plan;
(c) 
A statement that both parties are entitled to receive and have access to the child’s health and education records, unless there has been a showing of good cause to limit access as provided in section 21.05.27 and a statement as to which party shall notify the child’s school and health care provider that he or she is the “second household” for purposes of receiving records;
(d) 
A statement as to which party is awarded the federal tax exemption(s) for the dependent child(ren) or a statement of any arrangements to alternate the exemption;
(e) 
A statement that each person entitled to custody or visitation has a continuing obligation to notify the Court of any change of address;
(f) 
A statement that the person with whom the child resides the majority of the time must request a modification of the Parenting Plan if that person intends to relocate outside the child’s current school district. A modification must be approved before the person may relocate the child;
(g) 
A statement that the Court shall have continuing, exclusive jurisdiction over the custody and welfare of the child; and
(h) 
Any other order necessary for the protection and well being of the child, including domestic violence protective orders or continued supervision by the Indian Child Welfare Program.
(Res. 04 A 034, 3/9/2004)
[1]
Cross Reference: Section 21.01.05, Continuing Exclusive Jurisdiction.
(a) 
The Port Gamble S’Klallam Community Court shall have continuing, exclusive jurisdiction to modify its own child custody or visitation orders;
(b) 
A party may request, by motion supported by affidavit, modification of a custody or visitation order, including the provisions of the Parenting Plan. The affidavit shall be signed in front of a notary and shall state how circumstances have changed, why the custody or visitation order should be changed, and how the change benefits the child. The Court may consider a modification motion during a child support review hearing, as provided in section 21.03.41;
(c) 
The Court may grant modification of a custody or visitation order upon proof by the moving party that:
(i) 
There has been a significant change of circumstances related to custody of the child since the original order; and
(ii) 
The modification benefits the child consistent with section 21.05.26.
(Res. 04 A 034, 3/9/2004)
A custody order issued by another state or tribe shall not be modified unless:
(a) 
The issuing court no longer has jurisdiction over the case or it declines to exercise jurisdiction to modify the custody order; or
(b) 
The Port Gamble S’Klallam reservation is the “domicile” of the child or one of the parties and the Port Gamble Community Court is the forum with the most significant connections with the child.
(Res. 04 A 034, 3/9/2004)
[1]
Note: This section on modification presumes there is a valid court order issued by another state or tribe. To determine whether a court order may be granted recognition by the Port Gamble S’Klallam Community Court, see section 21.01.19. Cross Reference: Section 21.01.02 (f), Definitions - “Domicile,”; 28 U.S.C. 1738A, “Full faith and credit given to child custody determinations” does not include Indian tribes in its definition of “states.”