Mallette v. Adams

Summary

The Alaska Supreme Court affirmed the superior court's dismissal of the mother's state-court custody complaint so the dispute could proceed in the Kenaitze Tribal Court, holding that because the father filed his tribal custody petition before the mother filed her state complaint, the first-filed tribal court is the preferred forum. The court announced a first-to-file rule for custody matters initiated in both state and tribal court, held the mother's contrary argument based on her earlier state DVPO petition was waived, and directed her to exhaust tribal remedies before challenging the tribal court's personal jurisdiction in state court. The father's cross-appeal from the stay pending appeal was moot because the court had already vacated the stay in its July 11, 2025 order.