25 Cfr 11.608-610

Bureau of Indian Affairs, Interior

§ 11.608

rfrederick on PROD1PC67 with CFR

(b) If a proceeding is commenced by
one of the parties, the other party shall
be served in the manner provided by
the applicable rule of civil procedure
and within thirty days after the date of
service may file a verified response.
(c) The verified petition in a proceeding for dissolution of marriage or
legal separation shall allege that the
marriage is irretrievably broken and
shall set forth:
(1) The age, occupation, and length of
residence within the Indian country
under the jurisdiction of the court of
each party;
(2) The date of the marriage and the
place at which it was registered;
(3) That jurisdictional requirements
are met and that the marriage is
irretrievably broken in that either (i)
the parties have lived separate and
apart for a period of more than 180 days
next preceding the commencement of
the proceeding or (ii) there is a serious
marital discord adversely affecting the
attitude of one or both of the parties
toward the marriage, and there is no
reasonable prospect of reconciliation;
(4) The names, age, and addresses of
all living children of the marriage and
whether the wife is pregnant;
(5) Any arrangement as to support,
custody, and visitation of the children
and maintenance of a spouse; and
(6) The relief sought.

restrained, requiring him or her to notify the moving party of any proposed
extraordinary expenditures made after
the order is issued;
(2) Enjoining a party from molesting
or disturbing the peace of the other
party or of any child;
(3) Excluding a party from the family
home or from the home of the other
party upon a showing that physical or
emotional harm would otherwise result;
(4) Enjoining a party from removing
a child from the jurisdiction of the
court; and
(5) Providing other injunctive relief
proper in the circumstances.
(c) The court may issue a temporary
restraining order without requiring notice to the other party only if it finds
on the basis of the moving affidavit or
other evidence that irreparable injury
will result to the moving party if no
order is issued until the time for responding has elapsed.
(d) A response may be filed within 20
days after service of notice of a motion
or at the time specified in the temporary restraining order.
(e) On the basis of the showing made,
the Court of Indian Offenses may issue
a temporary injunction and an order
for temporary maintenance or support
in amounts and on terms just and proper under the circumstances.
(f) A temporary order or temporary
injunction:
(1) Does not prejudice the rights of
the parties or the child which are to be
adjudicated at subsequent hearings in a
proceeding;
(2) May be revoked or modified before
the final decree as deemed necessary
by the court;
(3) Terminates when the final decree
is entered or when the petition for dissolution or legal separation is voluntarily dismissed.

§ 11.607 Temporary orders and temporary injunctions.
(a) In a proceeding for dissolution of
marriage or for legal separation, either
party may move for temporary maintenance or temporary support of a child
of the marriage entitled to support.
The motion shall be accompanied by an
affidavit setting forth the factual basis
for the motion and the amounts requested.
(b) As a part of a motion for temporary maintenance or support or by
an independent motion accompanied by
an affidavit, either party may request
the Court of Indian Offenses to issue a
temporary injunction for any of the
following relief:
(1) Restraining any person from
transferring, encumbering, concealing,
or otherwise disposing of any property
except in the usual course of business
or for the necessities of life, and, if so

§ 11.608 Final decree; disposition of
property; maintenance; child support; custody.
(a) A decree of dissolution of marriage or of legal separation is final
when entered, subject to the right of
appeal.
(b) The Court of Indian Offenses shall
have the power to impose judgment as

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§ 11.609

25 CFR Ch. I (4–1–08 Edition)

follows in dissolution or separation
proceedings:
(1) Apportion or assign between the
parties the non-trust property and nontrust assets belonging to either or both
and whenever acquired, and whether
the title thereto is in the name of the
husband or wife or both;
(2) Grant a maintenance order for either spouse in amounts and for periods
of time the court deems just;
(3) Order either or both parents
owing a duty of support to a child to
pay an amount reasonable or necessary
for his or her support, without regard
to marital misconduct, after considering all relevant factors. In addition:
(i) When a support order is issued by
a Court of Indian Offenses, the order
may provide that a portion of an absent parent’s wages be withheld to
comply with the order on the earliest
of the following dates: When an
amount equal to one month’s support
becomes overdue; when the absent parent requests withholding; or at such
time as the Court of Indian Offenses selects. The amount to be withheld may
include an amount to be applied toward
liquidation of any overdue support.
(ii) If the Court of Indian Offenses
finds that an absent parent who has
been ordered to pay child support is
now residing within the jurisdiction of
another Court of Indian Offenses, an
Indian tribal court, or a state court, it
shall petition such court for reciprocal
enforcement and provide it with a copy
of the support order.
(iii) If the Court of Indian Offenses
receives a petition from another Court
of Indian Offenses, an Indian tribal
court or a state court, it shall take
necessary steps to determine paternity,
establish an order for child support,
register a foreign child support order
or enforce orders as requested in the
petition.
(iv) The Court of Indian Offenses
shall assist a state in the enforcement
and collection of past-due support from
Federal tax refunds of absent parents
living within the Indian country over
which the court has jurisdiction.
(v) Any person or agency who has
provided support or assistance to a
child under 18 years of age shall be a
proper person to bring an action under
this section and to recover judgment in

an amount equal to such past-paid support or assistance, including costs of
bringing the action.
(4) Make child custody determinations in accordance with the best interest of the child.
(5) Restore the maiden name of the
wife.
§ 11.609 Determination of paternity
and support.
The Court of Indian Offenses shall
have jurisdiction of all suits brought to
determine the paternity of a child and
to obtain a judgment for the support of
the child. A judgment of the court establishing the identity of the father of
the child shall be conclusive of that
fact in all subsequent determinations
of inheritance by the Court of Indian
Offenses or by the Department of the
Interior.
§ 11.610 Appointment of guardians.
The court shall have the jurisdiction
to appoint or remove legal guardians
for minors and for persons who are incapable of managing their own affairs
under terms and conditions to be prescribed by the court.
§ 11.611 Change of name.
The Court of Indian Offenses shall
have the authority to change the name
of any person upon petition of such
person or upon the petition of the parents of any minor, if at least one parent is Indian. Any order issued by the
court for a change of name shall be
kept as a permanent record and copies
shall be filed with the agency superintendent, the governing body of the
tribe occupying the Indian country
under the jurisdiction of the court, and
any appropriate agency of the State in
which the court is located.

Subpart G—Probate Proceedings
§ 11.700 Probate jurisdiction.
The Court of Indian Offenses shall
have jurisdiction to administer in probate the estate of a deceased Indian
who, at the time of his or her death,
was domiciled or owned real or personal property situated within the Indian country under the jurisdiction of
the court to the extent that such estate consists of property which does

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