Posted on 06/20/2014 5:46:18 PM PDT by tired&retired
Seattle, Wash. (CBS SEATTLE) 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.
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.
This woman would be totally unfit to be a true Catholic nun ... No traditional Catholic nun - who is suppose to be a bride of Christ - and I am clearly excluding the modernist lesbo whack jobs of the liberal post conciliar church - would ever think to do something so completely devoid of charity. Only one those man-hating bull-dyke carpet munching witches of neo-pagan liberal catholic-in-name-only church - would do such evil.
It’s hateful selfish (and often vicarious) vengeance masquerading as love.
Our modern godless liberals are real good at being this kind of bad.
Charity, or what the Greek New Testament manuscripts refer to as agape. It is the love from God that wishes everyone well as far as circumstances permit.
It’s not at all uncommon in custody matters for the “unfit parent” to suddenly decide several years later that he/she is now fit and is entitled to joint custody. That parent then petitions the court, the court looks at the situation and makes a decision. In a situation where the party who has custody has left the child in the hands of someone who’s unfit, or is doing something like renting the child to lonely old men, that hearing needs to be conducted in an expedited fashion for the sake of the kid. Since the court can’t examine the facts without a hearing, they can’t let a party stall the proceeding when faced with the simple fact that the kid’s not in the custody of the custodial parent.
If the situation is as it’s been represented in the one-sided reporting, probably inspired by his attorney, the court will mostly likely flip a coin between joint custody and leaving the kid with him.
I can’t see “her” even fairly flipping a coin.
With the way that mothers are usually supported to the point of irrationality, her being factored out sounds like there was a significant reason. Wouldn’t the court at least want to know the reason is gone? And Federal law is clear here, it DOES override. He’s not going to be on a sub forever.
Thanks, I agree.
And if something egregious like prostitution was alleged to be happening in the care of the “new wife” — that would be a whole different, emergency proceeding. That’s what the child protective services are there for. Not Calvinball domestic courts. I hope the lawyer really IS good and gets an appellate court to hand this judge’s head to her.
A few years ago, a soldier sued the crap out of his homeowners' association in north Texas when they forced the sale of his house for unpaid dues - and filed an affidavit saying the Relief Act didn't apply... while he was deployed in Afghanistan.
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.
“Soldier/Sailor relief act should “fix” this.”
Ron White was correct in that there are certain human attributes that you cannot “FIX!”
You can’t “FIX” STUPID.(In the judge)
OH CRAP. Looks like another every child needs Mommy no matter what harm she’s done thinker. They are one of the main reasons children are returned to parents and abused multiple times. The who system for child protection services in this nation is set up for “Victim Mommy”.
“As far as I know, Michigan is in the north-central part of the country.”
A U.S. Navy sailor from Washington State ........, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom...
Sounds like a jurisdictional issue to me.... Child and parent are residents of Washington State.
I would agree that the judge appears to have some testosterone poisoning.
The rights of the two parents are set forth in a so-called Permanent Parenting Plan. Enforcement of the plan remains within the jurisdiction of the court. The court doesn’t just toss the kid to one parent and say “See Ya”.
If you listen to the YouTube video, the Judge is very pro women’s rights... I would say her bias is showing.
I’m for equal rights, just not preferential rights.
‘permanent’ isn’t quite as long as it use to be
ex-bitch waits until he’s deployed and goes after the daughter with the help of a raging liberal ‘judge’
typical
let this be a lesson: stay away from liberal chicks
It sounds like stuff that goes in here in Tennessee. A “Victim Mommy” Oligarchy dictating what is best for kids.
The Relief Act applies to a civil action, such as the incident you mentioned. Custody actions involve the welfare of the child, delaying a hearing in a circumstance where the child is at risk could be inimical to the child’s welfare.
If that sailor’s chain of command has any ability at all, they’ll have that judge standing on his ear in about 2 shakes.
Is the child home alone? I doubt it. Likely other members of his family have the child so no it would not be an emergency nor an endangerment by the father. Did someone get wind of his deployment perhaps and decide to make a legal move? Some of the nastiest dirty tricks and corruption you will ever see is in the agencies and courts that decide these cases.
Signed,
A man who was found in contempt of court for trying to tell the WHOLE truth and protect kids no one in the system gave a rats ass about.
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