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By Charlottesville Divorce Lawyer Rob Hagy

Charlottesville Custody and Visitation Lawyer Rob Hagy: Trial Court Improperly Denied Request To Transfer Foster Care Case To Tribal Court.

In the case of Thompson v. Fairfax County Department of Family Services, the Virginia Court of Appeals, in a published opinion, ruled that the trail court erred in refusing to transfer the foster care cases of two children from Virginia to tribal court in North Dakota.  Tribal courts have presumptive jurisdiction pursuant to the Indian Child Welfare Act.