Our Grand Children are victims of;

"Protect the "system" at all costs. The "system" is the only ultimate sacred cow - not any particular law or constitution, but only "the system." Because, ultimately, it is the system which makes certain that the individuals functioning within it - from judges to lawyers, to prosecutors, to politicians, to businessmen - have their places and positions, and opportunities and pecking order, and future."

In 1696, England first used the legal principle of parens patriae, which gave the royal crown care of "charities, infants, idiots, and lunatics returned to the chancery." This principal of parens patriae has been identified as the statutory basis for U.S. governmental intervention in families' child rearing practices.

"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
— Preamble of the original "organic" Constitution

"We hold these truths to be self-evident. That all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness."
— Excerpted from the Declaration of Independence of the original thirteen united states of America, July 4, 1776


Sunday, February 19, 2012

What is domicile under ICWA (Indian Child Welfare Act)

2.4 - What is domicile under ICWA?

Domicile looks to the persons physical presence in a certain place along with the intent to remain in that place. Children typically are unable to form the requisite intent to establish a domicile, so the domicile of the child is determined by that of the parents.
Domicile is important in child custody proceedings because it may affect the jurisdiction of the court. The term is not defined in the ICWA, so the United States Supreme Court found that the meaning of domicile in the ICWA is a matter of federal, not state, law because Congress intended a uniform, nationwide application. Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 44-47 (1989).
A child born in wedlock takes the parents domicile. A child born out of wedlock takes the domicile of his or her mother. Holyfield, 490 U.S. at 43-48.

http://www.narf.org/icwa/faq/jurisdiction.htm

*All four of our grand children were born OUT of wedlock. The mother is not a member of the Eagle Village tribe.
* The legal guardian of three of our grand children (the grand mother) is and was a member of the Noatak tribe.
* From what I read above... the Eagle Village tribe has no jurisdiction in reference to our grand children.

*The posts made in this blog are of our opinion only* Without Prejudice UCC 1-207
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