Tribe: Nooksack Indian Tribe
20A.05.070 Conditions of Visitation in Cases Involving Domestic Violence.
A. The Nooksack Tribal Court may award visitation by a parent who committed
domestic violence only if the Nooksack Tribal Court finds that adequate
provision for the safety of the child and the parent who is a victim of domestic
violence can be made. B. In a visitation order, adequate provision for the safety of the child and the
parent who is a victim of domestic violence may include but is not limited to
an order that:
1. provides that exchange of a child is to occur in a protected setting;
2. provides that visitation is to be supervised by another person or
agency;
3. provides that the perpetrator of domestic violence is to attend and
complete, to the satisfaction of the Court, and as a condition of the visitation, a program of counseling for perpetrators of domestic
violence, or some other designated counseling;
4. provides that the perpetrator of domestic violence is to abstain from
possession or consumption of alcohol or controlled substances during
the visitation and for twenty-four (24) hours preceding the visitation;
5. provides that the perpetrator of domestic violence is to pay a fee to
defray the costs of supervised visitation;
6. prohibits overnight visitation;
7. provides that the perpetrator of domestic violence is to post a bond for
the return and safety of the child; and
8. provides that the perpetrator of domestic violence is to comply with
any other condition that is deemed necessary to provide for the safety
of the child, the victim of domestic violence, or any other family or
household member.
C. Whether or not visitation is allowed, the Nooksack Tribal Court may order the
address of the child and the victim be kept confidential.
D. The Nooksack Tribal Court may refer, but shall not order, an adult who is a
victim of domestic violence to attend counseling related to the victim’s status
or behavior as a victim, either individually or with the perpetrator of domestic
violence as a condition of receiving custody of a child, or as a condition of
visitation.
E. If the Nooksack Tribal Court allows a family or household member to
supervise visitation, the court shall furnish clear guidelines to those persons
related to their responsibility and authority during supervision, so they are
better able to protect the child should the perpetrator engage in violent or
intimidating conduct toward the child or adult victim in the course of
visitation.