Registering and enforcing tribal court orders
Tribal court orders don’t need to be registered in state courts but registering them can make it easier to enforce them. For example, local law enforcement or banks may need registration to help enforce the order.
Here’s a summary of the rules and steps to register different kinds of tribal court orders in California:
- When a Tribal Court says someone owes money.
- Governed by the Tribal Court Civil Money Judgment Act, section 1730 through 1741 of the Code of Civil Procedure.
- To register a money judgment, fill out Notice of Application for Recognition and Entry of Tribal Court Money Judgment (form EJ-115).
- Issued by a Tribal Court to protect adults who can’t take care of themselves.
- Follow the California Conservatorship Jurisdiction Act, section 1980-2033 of the Probate Code.
- Use Notice of Intent to Register Conservatorship (Probate – Guardianships and Conservatorships) (form GC-361) to register a conservatorship.
- For decisions about where a child lives or who makes decisions for them.
- Follow the Uniform Child Custody Jurisdiction and Enforcement Act, section 3400 through 3465 of the Family Code.
- Use Registration of Out-Of-State or Tribal Custody Order and Notice of Registration (form FL-580) to register child custody orders.
- For more help, read the instructions on How to Register and Request Enforcement of Your Out-Of-State or Tribal Custody Order (form FL-580-INFO).
- These protect people from abuse or threats.
- Federal law (18 U.S.C. section 2255) requires states to enforce tribal protection orders.
- Use form DV-600 to register the restraining order.
- California Rules of Court, rule 5.386 explains how to file by fax or email.
- When a Tribal Court gives orders that divide retirement or similar assets that fall under the Employee Retirement Income Security Act of 1974 (ERISA).
- Because of ERISA, these orders may need to be filed with the state court to be effective. Read section 1733.1 of the Code of Civil Procedure and section 2611 of the Family Code for more information.
- Use Joint Application for Recognition of Tribal Court Order Dividing Retirement Plan or Other Deferred Compensation (form FL-540) if everyone agrees to sign the application. If not, use Application for Recognition of Tribal Court Order Dividing Retirement Plan or Other Deferred Compensation (form FL-541).