International and Tribal Child Custody Cases in Idaho

Part of my Idaho Child Custody Jurisdiction (UCCJEA) Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho Child Custody Jurisdiction (UCCJEA)Topic 6 of 6: International & Tribal Cases

Some custody cases reach beyond the United States or involve an Indian child. Idaho’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Title 32, Chapter 11 of the Idaho Code, has specific provisions for custody cases involving a foreign country (Idaho Code § 32-11-105), orders under the Hague Convention on the Civil Aspects of International Child Abduction (Idaho Code § 32-11-302), and proceedings involving an Indian child (Idaho Code § 32-11-104).

This page explains what chapter 11 says on those subjects. It matters to parents and others when a child has lived in, been taken to, or has a custody order from another country, and in cases that involve an Indian child or a tribe.

Foreign Countries Are Treated Like States

Chapter 11 defines “state” as a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to U.S. jurisdiction (Idaho Code § 32-11-102(q)). But an Idaho court shall treat a foreign country as if it were a state of the United States for the purpose of applying parts 1 and 2 of chapter 11 (Idaho Code § 32-11-105(a)).

Part 2 contains the jurisdiction rules. These include initial custody jurisdiction based on the child’s home state (Idaho Code § 32-11-201), exclusive, continuing jurisdiction (Idaho Code § 32-11-202), modification of another state’s order (Idaho Code § 32-11-203), temporary emergency jurisdiction (Idaho Code § 32-11-204), cases filed in two places at once (Idaho Code § 32-11-206), and declining jurisdiction (Idaho Code §§ 32-11-207, 32-11-208).

So, for example, when an Idaho court applies the home-state rule, it treats a foreign country the same way it would treat another U.S. state (Idaho Code §§ 32-11-105(a), 32-11-201). A “home state” is the state where the child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the custody proceeding began, or, for a child under six months old, where the child lived from birth with any of those persons (Idaho Code § 32-11-102(g)).

For more on each rule, see home state jurisdiction, continuing jurisdiction and modification, temporary emergency jurisdiction, and declining jurisdiction.

Notice, Testimony, and Court Communication Across Borders

Part 1 of chapter 11, which § 32-11-105(a) also applies to foreign countries, contains rules that help when parties or witnesses are outside Idaho. Notice to a person outside Idaho may be given in a manner prescribed by Idaho law for service of process or by the law of the state where service is made (Idaho Code § 32-11-108(a)). Notice must be given in a manner reasonably calculated to give actual notice, but may be by publication if other means are not effective (§ 32-11-108(a)).

A party may offer testimony of witnesses located in another state, including the parties and the child, by deposition or other means allowable in Idaho for testimony taken in another state (Idaho Code § 32-11-111(a)). An Idaho court may permit a person residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means (§ 32-11-111(b)). An Idaho court may also communicate with a court in another state about a proceeding under chapter 11 (Idaho Code § 32-11-110(a)).

Recognizing and Enforcing Foreign Custody Orders

A child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of chapter 11 must be recognized and enforced under part 3 of chapter 11 (Idaho Code § 32-11-105(b)). Part 3 contains the registration and enforcement procedures described on registering and enforcing orders.

There is one stated exception. An Idaho court need not apply chapter 11 if the child custody law of a foreign country violates fundamental principles of human rights (Idaho Code § 32-11-105(c)). Chapter 11 does not define or list those principles.

Hague Convention Return Orders

Under chapter 11, an Idaho court may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination (Idaho Code § 32-11-302). The chapter’s definitions of “petitioner” and “respondent” expressly include people seeking, or facing, enforcement of a Hague Convention return order (Idaho Code § 32-11-102(n), (p)).

Chapter 11 does not itself set out the Hague Convention’s rules on when a child must be returned. Those rules come from the Convention and other law outside the Idaho Code chapter, which this page does not cover.

Role of the County Prosecuting Attorney

In a case arising under chapter 11 or involving the Hague Convention, the county prosecuting attorney may take any lawful action, including a proceeding under chapter 11 or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a custody determination (Idaho Code § 32-11-315(a)). One situation that allows this is a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention (§ 32-11-315(a)(4)).

The prosecuting attorney acts on behalf of the court and may not represent any party (Idaho Code § 32-11-315(b)). At the prosecuting attorney’s request, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the prosecuting attorney (Idaho Code § 32-11-316). If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecuting attorney and law enforcement officers under those sections (Idaho Code § 32-11-317).

Cases Involving an Indian Child

A child custody proceeding that pertains to an Indian child, as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to chapter 11 to the extent that it is governed by the Indian Child Welfare Act (Idaho Code § 32-11-104). In other words, where that federal act governs, Idaho’s UCCJEA does not apply to that extent.

The Indian Child Welfare Act is federal law and is not part of the Idaho Code. This page does not describe what it provides or which proceedings it governs.

Tribes and Tribal Courts

Chapter 11 defines “tribe” as an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state (Idaho Code § 32-11-102(r)). The definition of “state” in § 32-11-102(q) does not list tribes.

Apart from that definition and § 32-11-104, the text of Idaho’s chapter 11 does not contain a section addressing tribes, tribal courts, or custody orders issued by a tribal court. Questions about how such orders are treated depend on law outside this chapter, which this page does not cover.

Proceedings Outside Chapter 11

Whether or not a case is international, chapter 11 does not govern an adoption proceeding or a proceeding about authorizing emergency medical care for a child (Idaho Code § 32-11-103). A “child custody proceeding” under the chapter also does not include a proceeding involving juvenile delinquency or contractual emancipation (Idaho Code § 32-11-102(d)).

In applying and construing chapter 11, consideration must be given to the need to promote uniformity of the law among the states that enact it (Idaho Code § 32-11-401). For how Idaho courts decide custody once they have jurisdiction, see Idaho child custody.

How I Can Help

Custody matters that involve another country or an Indian child can raise questions under more than one body of law. I can review how Idaho’s UCCJEA applies to your facts, including whether a foreign order may be registered or enforced in Idaho, and identify where other law may control. Request a consultation to discuss your situation.

This page provides general information about Idaho’s Uniform Child Custody Jurisdiction and Enforcement Act, based on the Idaho Code, and is not legal advice. Court rules (including the Idaho Child Support Guidelines), regulations, and case law also affect family law matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.