Tribe: Eastern Band of Cherokee Indians
Sec. 50-14. – Mandatory child custody mediation.
(a)There shall be created a mandatory child custody mediation program in the Cherokee Court.(b)The child custody mediation program shall have, at a minimum, two employees: a program administrator and one support staff person. Employees of the mandatory child custody mediation program shall be hired and supervised by the Chief Justice.(c)The purpose of the child custody mediation program is to seek resolution of child custody actions before trial. Mediation shall occur after the case is filed in the Cherokee Court. Child custody mediation is mandatory for all child custody actions filed in the Cherokee Court unless the parties enter a consent custody order before mediation occurs or unless the court determines that mediation is not in the best interest of the child.(d)The child custody mediation program may use culturally specific and traditional EBCI practices that promote holistic, child centered approaches to strengthening and restoring harmony in the family.(e)Grandparents may participate in child custody mediation if the parties who have the right to legal custody of the child or children consent in writing. The writing shall be filed with the court and made part of the case file.(f)Once a child custody action is referred to the child custody mediation program, all persons participating in the mediation shall be notified of the mediation date, time, and location.(g)If the parties reach a consent custody agreement, the agreement shall be reduced to writing and presented to a judge for approval and entry of the final consent custody order. If the mediation ends in an impasse, the case shall be set before a judge for hearing at the next appropriate civil session.(h)Should the mediation end in an impasse, grandparents may seek to intervene in the child custody action under existing Tribal Law.