No. 21-5075

Elizabeth Shaw v. Derek Shaw

Lower Court: Michigan
Docketed: 2021-07-12
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: child-custody due-process equal-protection federal-statute icwa jurisdiction-challenge mifpa tribal-law
Key Terms:
DueProcess Privacy
Latest Conference: 2021-12-10 (distributed 2 times)
Question Presented (from Petition)

1. In violation of court orders, MIFPA, ICWA, federal law, state law, and tribal law,
the Tribe illegally seized my children from their school and refuse to return them
to my custody. The immediate return of the children to me, their mother,
Elizabeth Shaw is required by 25 U.S.C. § 1920 and MCL 712B.19. Will the
Supreme Court of the United States order the immediate return of my children?

2. Orders violating Elizabeth 's constitutionally protected rights were entered in
excess of the court 's jurisdiction, absent due process, and contrary to equal
protection under the law. "An order that exceeds the jurisdiction of the court, is
void, or voidable, and can be attacked in any proceeding in any court where the
validity of the judgment comes into issue. " Rose v. Himely (1808) 4 Cranch 241, 2
L ed 608. See also Vallely v. Northern Fire and Marine Ins. Co., 254 U.S. 348
(1920). Will the Supreme Court of the United States enter an order vacating the
void orders and subsequent proceedings?

3. Elizabeth is not a respondent in the MCPP case initiated against father, Derek
Shaw for the sexual abuse of MS. The children were ordered to remain home with
Elizabeth under the jurisdiction of the divorce case. The Michigan Supreme Court
abolished the one*parent doctrine deeming it a violation of due process. See In re
Sanders, 495 Mich. 394, 407 (2014). Will the Supreme Court of the United States
provide the active custody order and status of proceedings?

Question Presented (AI Summary)

Whether the Supreme Court will order the immediate return of the children to their mother, Elizabeth Shaw, in violation of court orders, ICWA, MIFPA, federal law, state law, and tribal law

Docket Entries

2021-12-13
Rehearing DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-10-29
Petition for Rehearing filed.
2021-10-04
Petition DENIED.
2021-08-26
DISTRIBUTED for Conference of 9/27/2021.
2021-06-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 11, 2021)

Attorneys

Elizabeth Shaw
Elizabeth Shaw — Petitioner