Stockbridge-Munsee Tribal Law Library
Stockbridge-Munsee Tribal Code.

Section YAE.09.03 — Jurisdiction

(a) Territorial Jurisdiction. The Stockbridge-Munsee Community has jurisdiction over land held in trust by the United States, whether for the Stockbridge-Munsee Community or individual members, over land held in fee by the Stockbridge-Munsee Community and over all lands declared reservation lands, to the extent not inconsistent with federal law.

(b) Subject Matter Jurisdiction. The Stockbridge-Munsee Tribal Court may exercise jurisdiction in paternity and child support matters where there is personal jurisdiction and when one or more of the following applies:

(1) One or more parties or the child is an enrolled member of the Stockbridge-Munsee Community, Band of Mohican Indians;

(2) In the case of enforcement of a child support order pursuant to Federal Full Faith and Credit for Child Support Orders Act, 28 U.S.C. §1738B, when a party is a contract, temporary or regular employee of the Stockbridge-Munsee Community.

(3) The enrolled member asserted parentage in a declaration of paternal interest filed with the Wisconsin Department of Health and Family Services Section 48.025, Wis. Stat., or in a statement acknowledging paternity filed with the State Registrar under Section 69.15(3)(b) 1 or 3, Wis. Stat.

(4) In cases where the parties are not enrolled members but have requested services from the SMTCA.

(5) In cases where the Tribal Court issued a divorce or custody judgment involving a minor child.

(c) Personal Jurisdiction. The Stockbridge-Munsee Tribal Court, in any proceeding under this Ordinance, may exercise personal jurisdiction over a resident individual, or the individual's guardian or conservator. Also in any proceeding under this Ordinance, the Court may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if any of the following applies:

(1) The individual is personally served with a summons or other notice on lands under the jurisdiction of the Tribe, which includes both land held in trust by the United States, whether for the Stockbridge-Munsee Community or individual members, and land held in fee by the Stockbridge-Munsee Community.

(2) The individual submits to the jurisdiction of the Tribal Court, by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.

(3) The individual resided with the child on Tribal lands.

(4) The individual resided on Tribal lands and provided prenatal expenses or support for the child.

(5) The child resides on Tribal lands as a result of the acts or directives of the individual.

(6) The individual engaged in sexual intercourse on Tribal lands, and the child may have been conceived by that act of intercourse.