Rule 5.372.Transfer of title IV-D cases between tribal court and state court

Division 1. Family Rules · Chapter 10. Government Child Support Cases (Title IV-D Support Cases) · Last amended 2018 · Last verified September 10, 2026

In one sentenceRule 5.372 governs transferring a government child support case between a California superior court and a tribal court, in both directions.

Full Text of Rule 5.372

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) Purpose

This rule is intended to define the procedure for transfer of title IV-D child support cases between a California superior court and a tribal court.

(b) Definitions

(1) “Tribal court” means any tribal court of a federally recognized Indian tribe located in California that is receiving funding from the federal government to operate a child support program under title IV-D of the Social Security Act (42 U.S.C. § 654 et seq.).

(2) “Superior court” means a superior court of the state of California.

(3) “Title IV-D child support cases” include all cases where title IV-D services are being provided whether the case originates from the local child support agency’s filing of a summons and complaint or later becomes a title IV-D case when the local child support agency registers a child support order or intervenes in a child support action by filing a change of payee.

A party must disclose in superior court whether there is any related action in tribal court in the first pleading, in an attached affidavit, or under oath. A party’s disclosure of a related action must include the names and addresses of the parties to the action, the name and address of the tribal court where the action is filed, the case number of the action, and the name of judge assigned to the action, if known.

(d) Notice of intent to transfer case

Before filing a motion for case transfer of a child support matter from a superior court to a tribal court, the party requesting the transfer, the state title IV-D agency, or the tribal IV-D agency must provide the parties with notice of their right to object to the case transfer and the procedures to make such an objection.

(e) Determination of concurrent jurisdiction by a superior court

(1) The superior court may, on its own motion or on the motion of any party and after notice to the parties of their right to object, transfer a child support and custody provision of an action in which the state is providing services under Family Code section 17400 to a tribal court, as defined in (a). This provision applies to both prejudgment and postjudgment cases.

(2) The motion for transfer to a tribal court must include the following information:

(A) Whether the child is a tribal member or eligible for tribal membership;

(B) Whether one or both of the child’s parents are tribal members or eligible for tribal membership;

(C) Whether one or both of the child’s parents live on tribal lands or in tribal housing, work for the tribe, or receive tribal benefits or services;

(D) Whether there are other children of the obligor subject to child support obligations;

(E) Any other factor supporting the child’s or parents’ connection to the tribe.

(3) When ruling on a motion to transfer, the superior court must first make a threshold determination that concurrent jurisdiction exists. Evidence to support this determination may include:

(A) Evidence contained within the motion for transfer;

(B) Evidence agreed to by stipulation of the parties; and

(C) Other evidence submitted by the parties or by the tribe. The court may request that the tribal child support agency or the tribal court submit information concerning the tribe’s jurisdiction.

(4) There is a presumption of concurrent jurisdiction if the child is a tribal member or eligible for tribal membership. If concurrent jurisdiction is found to exist, the transfer to tribal court will occur unless a party has objected within 20 days after service of notice of the right to object referenced in subdivision (e)(1) above. On the filing of a timely objection to the transfer, the superior court must conduct a hearing on the record considering all the relevant factors set forth in (f). The objecting party has the burden of proof to establish good cause not to transfer to tribal court.

(f) Evidentiary considerations

(1) In making a determination on the motion for case transfer, the superior court must consider:

(A) The identities of the parties;

(B) The convenience of the parties and witnesses;

(D) Any other factors deemed necessary by the superior court.

(2) In making a determination on the motion for case transfer, the superior court may not consider the perceived adequacy of tribal justice systems.

(3) The superior court may, after notice to all parties, attempt to resolve any procedural issues by contacting the tribal court concerning a motion to transfer. The superior court must allow the parties to participate in, and must prepare a record of, any communication made with the tribal court judge.

(g) Order on request to transfer

If the superior court denies the request for transfer, the court must state on the record the basis for denying the request. If the superior court grants the request for transfer, it must issue a final order on the request to transfer including a determination of whether concurrent jurisdiction exists.

(h) Proceedings after order granting transfer

Once the superior court has granted the application to transfer and has received confirmation that the tribal court has accepted jurisdiction, the superior court clerk must deliver a copy of the entire file, including all pleadings and orders, to the clerk of the tribal court within 20 days of confirmation that the tribal court has accepted jurisdiction. With the exception of a filing by a tribal court as described by subdivision (i) of this rule, the superior court may not accept any further filings in the state court action in relation to the issues of child support and custody that were transferred to the tribal court.

(i) Transfer of proceedings from tribal court

(1) If a tribal court determines that it is not in the best interest of the child or the parties for the tribal court to retain jurisdiction of a child support case, the tribe may, upon noticed motion to all parties and the state child support agency, file a motion with the superior court to transfer the case to the jurisdiction of the superior court along with copies of the tribal court’s order transferring jurisdiction and the entire file.

(2) The superior court must notify the tribal court upon receipt of the materials and the date scheduled for the hearing of the motion to transfer.

(3) If the superior court has concurrent jurisdiction, it must not reject the case.

(4) No filing fee may be charged for the transfer of a title IV-D child support case from a tribal court.

End

Plain-English Summary

Some federally recognized tribes in California run their own title IV-D child support programmes, and a case may belong in either forum. The rule starts with disclosure: a party must disclose in the superior court whether there is a related tribal court action, in the first pleading or by affidavit or under oath, with the parties’ names and addresses, the tribal court, the case number, and the judge.

Before a transfer motion is filed, the requesting party or agency must tell the parties of their right to object and how to do it. The motion itself must address the connection to the tribe: whether the child is a tribal member or eligible, whether either parent is, whether either lives on tribal lands or in tribal housing, works for the tribe, or receives tribal benefits, whether other children of the obligor are subject to support obligations, and any other supporting factor.

The court first decides whether concurrent jurisdiction exists, on the motion, on stipulated evidence, or on other material — and may ask the tribal agency or court for information. There is a presumption of concurrent jurisdiction if the child is a tribal member or eligible for membership. If it exists, the transfer happens unless a party objects within 20 days of service of the notice of the right to object; a timely objection triggers a hearing on the record, and the objecting party carries the burden of showing good cause not to transfer.

One limit on the analysis is stated flatly: in deciding the motion the superior court may not consider the perceived adequacy of tribal justice systems. What it must consider is the identities of the parties, the convenience of parties and witnesses, the remedy available in each court, and any other factor it deems necessary.

After a transfer is granted and the tribal court confirms acceptance, the clerk delivers the entire file within 20 days and the superior court may accept no further filings on the transferred issues. The route back is symmetrical: a tribe may move to return a case, the superior court must notify the tribal court on receipt, it must not reject a case over which it has concurrent jurisdiction, and no filing fee may be charged for the transfer.

Advisory Committee Comment

The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.

This rule applies only to title IV-D child support cases. In the normal course, transfers from tribal court are initiated by the local child support agencies. Under Government Code sections 6103.9 and 70672, local child support agencies are exempt from payment of filing fees. The rule makes it clear that this exemption also applies when an eligible case is being transferred from a tribal court.

Frequently Asked Questions

Can a child support case be moved to a tribal court?

Yes, where a federally recognized California tribe operates a title IV-D programme and concurrent jurisdiction exists. The superior court may transfer on its own motion or a party’s, after notice of the right to object.

What if I object to the transfer?

Object within 20 days after service of the notice of the right to object. The court must then hold a hearing on the record, and you carry the burden of establishing good cause not to transfer.

Can the judge refuse because they doubt the tribal court?

No. In making a determination on the motion the superior court may not consider the perceived adequacy of tribal justice systems.

Can a case come back from tribal court?

Yes. If the tribal court determines retaining jurisdiction is not in the best interest of the child or parties, the tribe may move to transfer it back — and if the superior court has concurrent jurisdiction it must not reject the case. No filing fee may be charged.

Amendment History

Rule 5.372 amended effective January 1, 2018; adopted effective January 1, 2014.

(Subd (a) amended effective January 1, 2018.) (Subd (e) amended effective January 1, 2018.) (Subd (f) amended effective January 1, 2018.) (Subd (g) amended effective January 1, 2018.) (Subd (h) amended effective January 1, 2018.) (Subd (i) adopted effective January 1, 2018.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: tribal court child support transfer Californiatitle IV-D tribal courttransfer case to tribal court California