--- Am. Tribal Law ----, 2025 WL 2443476 (Fort Peck C.A.)
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Fort Peck Court of Appeals.

In the Matter of: MH, TH, TD Minor Indian Children.
And
Concerning: Katrina Follet, Petitioner-Appellee,
v.
Ernesto Hernandez, Appellant.

CASE NO. AP # 893
|
July 31, 2025

Appeal from the Fort Peck Tribal Court, Imogene Lilley, Presiding Judge.

ORDER DENYING APPEAL

BACKGROUND

¶ 1 This matter comes before the Fort Peck Court of Appeals (FPCOA) on a Motion for Review and motion for stay filed on June 9, 2025 from the lower court’s order awarding the custody of the above-referenced minor children to their sister, Katrina Folet, after a hearing on June 9, 2025 in which the Appellant father failed to participate despite having notice of. Appellant requests review of the Tribal Court’s Custody Order claiming that he had a scheduling conflict with the hearing, that he has his own home and could accommodate the children, and that the Petitioner sister is unfit. None of these issues were raised to the lower court because of the Appellant’s nonappearance and no motion for a new hearing or reconsideration of the Juno 9, 2025, order has been filed by the Appellant.

¶ 2 This Court has consistently held that a party who fails to appear for a hearing before the Tribal Court cannot filo an appeal with this Court seeking review of the decision based upon evidence not submitted to tire lower court. This Court is restricted to review of the filings in the tribal court and cannot consider new evidence. The remedy for a party wo fails to appear for a hearing is to move the lower court for a new hearing laying out why he failed to appear for the hearing and the basis for his assertion that the lower court erred in granting the relief it did. Absent that this Court can only review the decision to find the appealing party in default and in this case the lower court found at finding 7 in the order that the Appellant was served with personal service of the notice of hearing and petition on May 28, 2025, and failed to appear. If the Appellant feels this is erroneous, he must address it first with the lower court.

¶ 3 ORDER

¶ 4 Therefore, IT IS HEREBY ORDERED. ADJUDGED, AND DECREED that this Court denies review without prejudice to the right of the Appellant to seek relief from the order by filing with the lower court.

SO ORDERED the 31st day of July 2025.

FORT PECK COURT OF APPEALS

Erin Shanley, Chief Justice

Associate Justice

Associate Justice

All Citations
--- Am. Tribal Law ----, 2025 WL 2443476