13.25.070 Contents of parenting plan.
A parenting plan shall include:
(a) Process for Dispute Resolution. A process for resolving disputes, other than Tribal Court action, shall be provided unless it is beyond the financial means of the parties, or precluded or limited by the Tribal Court as provided herein. The dispute resolution process may include counseling, mediation, arbitration or another method agreed upon by the parties. In the dispute resolution process:
(1) Preference shall be given to carrying out the parenting plan;
(2) The parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to child support, unless there is an emergency;
(3) If the Tribal Court finds that a parent has frustrated the dispute resolution process without good reason, the Tribal Court may impose financial sanctions against that parent; and
(4) Both parents have the right to court review of the dispute resolution process.
(b) Decision-Making Authority. The parenting plan shall allocate decision-making authority to one or both parents regarding the children’s education, health care, and religious or spiritual upbringing. The plan shall state that:
(1) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent, including emergency decisions affecting the health and safety of the child; and
(2) When mutual decision-making is designated but cannot be achieved, the parents shall make a good faith effort to resolve the issue through the dispute resolution process.
(c) Residential Provisions. The plan shall contain a residential schedule designating in which parent’s home each child shall reside on given days of the year, including provisions for holidays, birthdays, vacations, dances or ceremonies, and other special occasions. The plan shall also include provisions for the visitation of the parents and extended family members. [Ord. 50 § 5.2(6), adopted, 3/23/2017.]