(g) Except for terms concerning the parenting plan and support for their children, entry of the
decree or declaration shall thereafter preclude the modification of the terms of the decree or
declaration, and the property settlement, if any, set forth or incorporated by reference therein.
Legislative History–Amended 4/7/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
7-3.12 Parenting Plan.
(a) The objectives of any proposed or ordered parenting plan shall be:
(1) To provide for the child’s physical care and to maintain the child’s emotional stability;
(2) To provide for the child’s changing needs as the child grows;
(3) To promote and preserve the child’s Indian heritage and to provide for the maintenance
of the child’s Tribal affiliation;
(4) To set forth the authority and responsibilities of each parent consistent with the
restrictions noted in subsection (e) below;
(5) To minimize the child’s exposure to harmful parental conflict;
(6) To encourage parents to meet their responsibilities through the parenting plan rather
than by relying on Court intervention; and
(7) To otherwise protect the best interests of the child consistent with the policy expressed
in Section 7-3.01.
(b) The contents of any proposed or ordered parenting plan shall include:
(1) Dispute Resolution - A process for resolving disputes, other than Court action shall be
provided unless not financially within the means of the parties, or precluded or limited
by the Court as provided herein.
A. The dispute Resolution process may include counseling, mediation, arbitration or
any other traditional Tribal dispute Resolution process.
B. In the dispute Resolution process:
i. Preference shall be given to carrying out the parenting plan;
ii. 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.
iii. If the Court finds that a parent has used or frustrated the dispute
Resolution process without good reason, the Court may impose financial
sanctions against that parent, as well as civil contempt.
iv. Both parents have the right of Court review for the dispute Resolution
process.
(2) Decision Making Authority - The plan shall allocate decision making authority to 1 or
both parents regarding the children’s education, health care and religious or spiritual
upbringing. The plan shall state that:
A. 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.
B. 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.
(3) Residential Provisions - The residential schedule shall designate in which parent’s home
each child shall reside on given days of the year, including provisions for holidays,
birthdays, vacations and other special occasions.
(c) Compliance - If a parent fails to comply with a provision of the parenting plan, the other parent’s
obligations under the parenting plan are not affected.
(d) Uniform Parenting Plan Forms - The Court may authorize and approve the utilization of a
uniform parenting plan form for all proceedings under this Chapter.
(e) Restrictions in Parenting Plans - The Court may restrict or limit any provision of a parenting plan
based on factors or conduct it finds adverse to the best interests of the child including:
(1) Willful abandonment that continues for an extended period of time or substantial refusal
to perform parenting functions;
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Revised Spokane Law & Order Code, 5/14/2013