Skip to comments.Submarine Duty No Defense in Child Custody Case
Posted on 06/19/2014 6:23:10 PM PDT by queenkathy
Being posted on a submarine in the Pacific Ocean does not exempt a father from obeying child custody orders, a judge ruled Monday in Lenawee County Circuit Court.
(Excerpt) Read more at lenconnect.com ...
Appeal the ruling and throw the first judge in jail.
When do the Gay Scouts take over?
This story was on ABC news this morning also so she’s feeling heat I’m sure. She seems to think she can ignore Federal law and she also rules by emotion
How in the world can a judge issue a warrant for the arrest of a submariner who is cruising the depths of the middle of the Pacific and that information has been given to the judge by the US Navy?
“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, Noe said.”
I couldn’t agree more.
UNLESS that mother had her taken away in the FIRST place for being unfit! THEN she shouldn’t have that child until she proves she can handle her
My concern is that the child was removed from her mother by CPS so I pray she is not being put into a bad situation.
I have no way of knowing the actual circumstances, but do not agree with the judge ignoring the law that allows military to delay legal matters until they are present to deal with them. Not sure the judge can actually ignore the law on that and get away with it. We will see I guess.
The US Navy had better send someone to that court and shut her down. Hubby is apoplectic over this.
Or a US Marshall.
This article posted June 11, 2014 indicates she was just sworn in. So either June 10-11, 2014 she just became a judge.
This is her first full week on the job.
Rachel B. Allen Chief Petty Officer, U.S. Navy Military Paralegal has written to the editor of our local paper explaining to Judge Noe why she can’t just ignore federal law in this case
A Federal court order sounds like it will be needed.
No. Judge Noe has been on the bench for a few years now. The article you posted is Judge Anzalone who recently became a judge
D’oh... I was searching/reading too fast and comprehending too little.
Here is a copy of the letter sent to the Daily Telegram Editor
Today at 2:32pm
I have sent the following letter to the editor of your newspaper via email and would like to also post it here: Letter to the Editor of the Daily Telegram, Adrian, MI, I am writing to share my dismay and disgust at the recent actions and statements made by one of your local judges, the Honorable Margaret Noe. It is my understanding that she is not familiar with the Servicemember’s Civil Relief Act. The link to the text of the federal law (in PDF form directly from the U.S. Department of Justice website) can be found here: http://www.justice.gov/crt/spec_topics/military/scratext.pdf. If you refer to §512(a), you will find this law is applicable to each of the States, including the political subdivisions thereof. In §522, you will see that the law specifically includes child custody proceedings. In addition, the law MANDATES that Judge Noe “shall, upon application by the servicemember, stay the action for a period of not less than 90 days” if the conditions in paragraph (2) or the section are met (which have been met, as required). Perhaps she was not aware that the law now includes the language “including any child custody proceeding”, since this language was added by P.L. 110-181, and was made effective on January 28, 2008. The fact that she would blatantly violate Federal law is appalling. Even worse, she would do so in a manner that would violate the rights of a Servicemember and stripping a young child from the only home she has truly ever known, after a judge granted full custody to the father four years ago. Petty Officer Hindes is not shirking his responsibility as a parent due to his military service. Hundreds of thousands of brave men and women are at this very moment enduring the great challenge of being separated from their families and loved ones, while serving our great country and protecting the very freedoms and system this judge vowed to uphold. I encourage the citizens of your community to educate themselves on the law and stand up against this outragous violation. Military members cannot be punished for following orders. And as a submariner, Petty Officer Hindes is not so easily expendible that he can just leave his appointed place of duty. Judge Noe’s actions are abhorant to those of us who have proudly served in the military. She is an embarassment to your community. Please let her know that her position is required to uphold the law, not violate it. Thank you for your time and consideration. Very Respectfully, Rachel B. Allen Chief Petty Officer, U.S. Navy Military Paralegal
All too typical for domestic courts, I understand... the Calvinball manual is their law book. They are liable to getting overturned but appealing is arduous.
Has the servicemember requested a stay? I assume he signed a power of attorney to his wife before he left. If the judge is ignoring this, then the Feds must intervene. They should not let this go further.
I’m not sure of that but I would think so considering he had an atty represent him in court from what I have read.
I see her term is up in January. Gonna be interesting!
Matthew Hindes was given custody of his daughter in 2010 after she was removed from Angela Hindes home by Michigan Department of Human Services Child Protective Services. An Oct. 1, 2010, divorce judgment gave him permanent custody, but Angela Hindes petitioned for a change in the custody order in August last year.
Was not expecting a Calvinball reference in the midst of this story..well played!
How bright can a judge be who thinks she can just issue a bench warrant for a Sailor who’s in a submarine in the middle of the Pacific Ocean. i think the Navy will have a little to say about this. According to the ABC report yesterday on Good Morning they have notified the Judge that he won’t be able to be there.
Impeach the judge.
My point clarified: There’s a custody battle going on. The father is at sea. Unless the child has been adopted by the sailor’s new wife, the child is not being cared for by a blood relative.
Blood trumps marriage when it comes to caring for kids. Custody gets played like a game. There may be the case that the mother is legitimate lunatic, or she may be not.
The father isn’t around to care for his kid. The mother is fighting for custody.
What’s not being said here is what is the status in terms of child care that the kid is receiving from the new wife?
There have been four/five other threads on this subject if
anyone is interested in reading through them.
The following link is to the Michigan rules/regs that the judge has to follow
in determining the custody and how it is to be defined/determined.
She is currently in the custody of her stepmother.
There is nothing to suggest that Kaylee is in anyway being mistreated by her stepmother.
The child was taken away from the mother because she was unfit.
She is currently in the custody of her stepmother.
What you said above is true. And I think that is what the case is ultimately about.
But the question becomes what the father did or didn’t do in regards to custodial
arrangements when he got sole custody. He’s now gone and left the child in
custody/guardianship of his current wife. We don’t know if he made legal
arrangements for that situation or not.
It’s an unfortunate situation that the child has to go through.
Judge orders break in sailor’s child custody case
Posted: Jun 22, 2014 3:37 PM EST Updated: Jun 22, 2014 3:37 PM EST
ADRIAN, Mich. (AP) - A Michigan judge has called a time-out in a child custody dispute involving a sailor aboard a U.S. submarine.
Lenawee County Judge Margaret Noe released an order Sunday, delaying some matters until at least Oct. 22.
The judge cited a federal law that suspends court action when a member of the armed services is away. Noe says she didn’t know Hindes was in the Pacific Ocean until June 16 when he was supposed to appear or have someone bring his 6-year-old daughter to court.
Hindes, his wife and daughter live near Seattle. The judge says ex-wife Angela Hindes of Ohio still is allowed parenting time. She’ll consider that issue Monday.
Noe has been criticized for her handling of the case. She says facts have been sacrificed for “sensational stories.”