Posted on 06/20/2014 11:14:05 AM PDT by Fitzy_888
A U.S. Navy sailor from Washington State is currently serving on a submarine thousands of miles away in the Pacific Ocean, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom Monday or risk losing custody of his 6-year-old daughter.
Navy submariner Matthew Hindes was given permanent custody of his daughter Kaylee in 2010, after she was reportedly removed from the home of his ex-wife, Angela, by child protective services. But now a judge has ordered him to appear in court Monday, or risk losing his daughter to his ex-wife in addition to a bench warrant being issued for his arrest, ABC News reports.
Hindes’ lawyers argue he should be protected by the Service Members Civil Relief Act, which states courts in custody cases may “grant a stay of proceedings for a minimum period of 90 days to defendants serving their country.”
But the Michigan judge hearing the case, circuit court judge Margaret Noe, disagrees, stating: “If the child is not in the care and custody of the father, the child should be in the care and custody of the mother.”
The judge reiterated that regardless of Hindes’ assignment under the Pacific Ocean, he will appear in court or face contempt of court.
Judge Noe denied the motion for a stay under the Service Members Relief Act, ruling that he could have arranged for his wife to bring the child to her mother, saying, “At this point, I don’t think I have any alternative but to enter a bench warrant for his arrest,” Noe said.
Hindes is not allowed to appear by Skype or phone, and as with most custody cases, not being present in the courtroom often has a large impact on the outcome of the custody ruling.
Hindes’ young daughter Kaylee is currently living with her step-mother in Washington State.
“He’s protecting the rights of others, but who is protecting his rights?” said Hindes’ current wife and the child’s step-mother, Benita-Lynn. Six-year-old Kaylee has been living with Benita-Lynn in Washington State while Hindes is deployed aboard the nuclear submarine.
“I’m just trying my best, to keep everything together,” a weeping Benita-Lynn told ABC News. “It’s just hard.”
There are federal laws against this.
The sailor has a chain of command, the wife/step-mother AND his COs wife (if the CO is married) should be actively working it to get official USN intervention.
Waiting on Obama to send Feds in to stop this judge.
Are there laws under the UCMJ that provide penalties for conspiring, aiding and abetting someone that goes AWOL? Charge the judge with this, have MP’s arrest him, and throw him in a hole.
That’ll wipe the smirk off his face.
Just wondering how much authority this trash Mi judge has in Washington State? Sure am getting tired of all these judges and their “authority,” like the bastard in MA who’s been diddling away while the teenage girl was being kept from her parents for 16 months. We need to start taking out the “judicial trash.”
Yep.
My Captain and Master Chief parted the seas to make sure that we were taken care of in these matters.
I sure do miss those guys.
The mother was removed from the house by child protective services. However, apparently the judge thinks her claim merits immediate regress.
Video report:
https://www.youtube.com/watch?v=HyRr3q1vp8A#t=19
The mother was removed from the house by child protective services. However, apparently the judge thinks her claim merits immediate regress.
Video report:
https://www.youtube.com/watch?v=HyRr3q1vp8A#t=19
I would say that by the hostility that Judge Noe is exhibiting, she had made up her mind to take custody away from the father the minute she read the docket.
The judge is a she, not a he. She’s a Granholm appointment.
HAVE A LOOK AT HER “QUALIFICATIONS:”
http://judgepedia.org/Margaret_Murray-Scholz_Noe
I bet one of yenta judges appoint by Demos right
very anti Miltary must be former 1960s radical
Completely illegal.
I was wondering why the mother can move away and then bring suit up in a state 1500 miles away and then have the judge claim that her court has jurisdiction.
The Service Members Civil Relied Act should be amended to include criminal penalties for any judge who ignores it for any reason. Say 10 years in a federal supermax. Give it some teeth!
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