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Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest
CBS News ^ | June 20, 2014 | Staff

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.”


TOPICS: Crime/Corruption; US: Michigan; US: Washington; War on Terror
KEYWORDS: childcustody; injustice; iraq; margaretnoe; matthewhindes; michigan; military; navy; washington
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Take the daughter and dirty him up with an arrest record -mission accomplished.
1 posted on 06/20/2014 11:14:05 AM PDT by Fitzy_888
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To: Fitzy_888

There are federal laws against this.


2 posted on 06/20/2014 11:15:11 AM PDT by CodeToad (Arm Up! They Are!)
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To: Fitzy_888
Judge Noe
belongs in Gitmo.
3 posted on 06/20/2014 11:17:45 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: Fitzy_888
circuit court judge Margaret Noe is a lawless dictator who deserves to be impeached. I can't post what I really think should happen to her or I would be banned.
4 posted on 06/20/2014 11:19:08 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Fitzy_888
Must be a democrat judge, dumb does not even begin to describe it.
5 posted on 06/20/2014 11:19:20 AM PDT by defconw (LUTFA!)
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To: CodeToad

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.


6 posted on 06/20/2014 11:19:53 AM PDT by tanknetter
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To: Fitzy_888

Waiting on Obama to send Feds in to stop this judge.


7 posted on 06/20/2014 11:20:36 AM PDT by petitfour
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To: Fitzy_888

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.


8 posted on 06/20/2014 11:21:20 AM PDT by Free Vulcan (Vote Republican! You can vote Democrat when you're dead...)
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To: CodeToad

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.”


9 posted on 06/20/2014 11:21:23 AM PDT by vette6387
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To: tanknetter

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.


10 posted on 06/20/2014 11:22:54 AM PDT by RandallFlagg (Uninstall Fascist Firefox. Get Pale Moon.)
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To: Fitzy_888

http://www.sienaheights.edu/ImageGallery/Noe.jpg


11 posted on 06/20/2014 11:23:05 AM PDT by defconw (LUTFA!)
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To: Vigilanteman

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


12 posted on 06/20/2014 11:24:23 AM PDT by Fitzy_888 ("ownership society")
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To: Vigilanteman

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


13 posted on 06/20/2014 11:24:24 AM PDT by Fitzy_888 ("ownership society")
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To: Fitzy_888

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.


14 posted on 06/20/2014 11:25:07 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: Free Vulcan

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


15 posted on 06/20/2014 11:25:08 AM PDT by vette6387
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To: Fitzy_888

I bet one of yenta judges appoint by Demos right

very anti Miltary must be former 1960s radical


16 posted on 06/20/2014 11:25:42 AM PDT by SevenofNine (We are Freepers, all your media bases belong to us ,resistance is futile)
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To: Fitzy_888

Completely illegal.


17 posted on 06/20/2014 11:25:52 AM PDT by Timber Rattler (Just say NO! to RINOS and the GOP-E)
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To: vette6387

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.


18 posted on 06/20/2014 11:26:58 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: Fitzy_888

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!


19 posted on 06/20/2014 11:27:30 AM PDT by piytar (The predator-class is furious that their prey are shooting back.)
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To: Fitzy_888
It's a shame the father is a sailor on deployment, and not a muslim on a pilgrimage to Mecca. Then all would have been forgiven.
20 posted on 06/20/2014 11:29:42 AM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: vette6387
The original court. She gave permission for the child to be moved.
21 posted on 06/20/2014 11:31:16 AM PDT by Domangart (Tho I walk Through the valley of Wall Mart, I fear no man.)
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To: CodeToad
So? Federal laws don't mean squat since those who are sworn to uphold them can pick and choose which they enforce and which they ignore.
22 posted on 06/20/2014 11:31:36 AM PDT by Rashputin (Jesus Christ doesn't evacuate His troops, He leads them to victory.)
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To: piytar

“circuit court judge Margaret Noe”

Divorce case bad before a judge, hell if it is a woman judge.

Maybe he can get into missile targeting and loose a D-5 into her courthouse. Bet that would light her up a tad.


23 posted on 06/20/2014 11:33:11 AM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Blood of Tyrants

“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.”

That’s not the way I read it. The birth mother lives in Michigan, the father and his new wife (and the daughter) live in Washington State. Looks as though the birth mother is suing for custody where she currently resides. I just hope that the daughter isn’t “visiting” her mother right now. It would take a lot of legal wrangling to enforce a MI judge’s order in WA, but if the kid happens to be in MI, the mother will just be allowed to keep her. The court system is such $hit!


24 posted on 06/20/2014 11:33:23 AM PDT by vette6387
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To: vette6387

Good point. Will the WA state jusicial system play ball, esp given that the children are residents of WA state?

Beyond that, if I were the CO of the Navy Trident sub base in WA and it looked like the state was going to play ball against one of my sailors, I’d seriously consider putting out an order restricting all service personnel to base. Stop the flow of Navy $$$ into the local economy ...


25 posted on 06/20/2014 11:33:50 AM PDT by tanknetter
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To: TigersEye

Judging Cow patties qualifies you to be a Judge in Michigan ?


26 posted on 06/20/2014 11:33:51 AM PDT by molson209 (Blank)
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To: Leaning Right

Time to remove the unJudge.


27 posted on 06/20/2014 11:34:29 AM PDT by MHGinTN
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To: Fitzy_888

“The American family and parental rights are under attack like no other time in our history.

Under Obamacare, CPS (Child Protective Service) workers now operate under the federally controlled Human Health Services and can enter your home for no reason.

For each child the CPS takes from a parent, the federal government pays the CPS $5,000, plus bonuses if the child is a minority or has a disability.

And in each case, there is no due process for the parents.”

http://www.thecommonsenseshow.com/2014/06/13/cps-vs-the-preservation-of-the-family-will-you-help/


28 posted on 06/20/2014 11:37:59 AM PDT by Mortrey (Impeach President Soros)
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To: vette6387

The article says that the girl is living with her step mother in Washington state. Probably in Bangor because that is where the sub base is.


29 posted on 06/20/2014 11:37:59 AM PDT by Blood of Tyrants (Haven't you lost enough freedoms? Support an end to the WOD now.)
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To: molson209

She’s a cow pattie judge too? What are they judged on? Size, texture, aroma?


30 posted on 06/20/2014 11:38:13 AM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: vette6387

The birth mother was removed from the house by child protective services four years ago. So, know the all fired emergency is based on what exactly? She’s off cocaine for a week, got herself a nice dress and perm?


31 posted on 06/20/2014 11:38:23 AM PDT by Fitzy_888 ("ownership society")
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To: Fitzy_888

Many of these robed dictators need to be impeached. They somehow have the notion that they are God.


32 posted on 06/20/2014 11:38:55 AM PDT by txrefugee
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To: Free Vulcan

“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.”

The judge is a woman, Margaret Noe.


33 posted on 06/20/2014 11:41:48 AM PDT by detective
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To: txrefugee

Remember Malihi’s court???

BathHouseBarry didn’t even SHOW UP for the eligibility hearing and the “judge” didn’t even give him a slap on the wrist.

JUDGES ARE BOUGHT AND PAID FOR.


34 posted on 06/20/2014 11:41:56 AM PDT by Mortrey (Impeach President Soros)
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To: Fitzy_888

Judge needs a dirt nap...


35 posted on 06/20/2014 11:44:13 AM PDT by rockrr (Everything is different now...)
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To: tanknetter

All the states comply with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to prevent interstate wrangling. With exceptions, the original court retains jurisdiction over the case.

Personally, I disagree with the notion that this child should be removed from a step-parent simply because the father is on temporary deployment. Custody has already been determined; it’s not a new custody case between the mother and step-mother.


36 posted on 06/20/2014 11:53:09 AM PDT by FoxInSocks ("Hope is not a course of action." -- M. O'Neal, USMC)
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To: Fitzy_888

This judge looks to me like what my lesbian daughter would call “family”, or a man hating lesbian who doesn’t give a damn about the dad’s rights.


37 posted on 06/20/2014 11:53:39 AM PDT by Wiser now (Socialism does not eliminate poverty, it guarantees it.)
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To: Fitzy_888

Surely someone can step in on the sailor’s behalf and get this case reassigned for cause.


38 posted on 06/20/2014 11:56:47 AM PDT by NonValueAdded ("The Arab Spring is over. Welcome to the Jihadi Spring." Jonah Goldberg)
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To: rockrr

Judge Noe-— Sienna Heights Univ. 75——is Chaircritter of the SHU Board of Trustees. Her current judgeship appointed term expires on Dec 31, 2015.

Hindes is deployed aboard USS Michigan.

Noe may be a wymyn libber freak or she may have been bribed or maybe just completely stupid and vicious or a combination thereof.


39 posted on 06/20/2014 11:58:36 AM PDT by Rockpile
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To: TigersEye
She’s a cow pattie judge too? What are they judged on? Size, texture, aroma?

No, silly. Taste.

40 posted on 06/20/2014 12:06:45 PM PDT by TangoLimaSierra (To win the country back, we need to be as mean as the libs say we are.)
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To: Fitzy_888
Do I get one guess as to the political affiliation of this incompetent hack of a judge?
41 posted on 06/20/2014 12:10:56 PM PDT by mojito (Zero, our Nero.)
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To: SevenofNine

She was appointed judge by Governor Jennifer Granholm, a Democrat.


42 posted on 06/20/2014 12:16:59 PM PDT by Fiji Hill
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To: TangoLimaSierra

Aiyeeeeeeeeeeeeeeeee!


43 posted on 06/20/2014 12:22:27 PM PDT by TigersEye ("No man left behind" means something different to 0bama.)
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To: tanknetter
Washington state is notorious for its malfeasant, corrupt, unethical and generally psychotic judiciary. They and this idiot female judge sound like birds of a feather. This father will get no justice from Washington judges.
44 posted on 06/20/2014 12:27:41 PM PDT by hinckley buzzard
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To: Fitzy_888

It sounds like time for the JAG to descend on this judge like a ton of bricks. Good JAG live for stuff like this: civilians trying to abuse military personnel.


45 posted on 06/20/2014 12:38:25 PM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: TangoLimaSierra

“No, silly. Taste.”

“Good thing we didn’t step in it.” - Cheech & Chong


46 posted on 06/20/2014 12:41:40 PM PDT by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: Blood of Tyrants
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.

Don't know, but I imagine the case originated in Michigan when both the parents and the child lived in Michigan. Then the father was stationed in Washington state after getting custody. Otherwise the birth mother would have to bring the action in Washington state where the child resides.

47 posted on 06/20/2014 12:50:43 PM PDT by PistolPaknMama
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To: CodeToad

Arrest the Judge on charges of interfereing with a millitary operation!


48 posted on 06/20/2014 12:53:05 PM PDT by GraceG
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To: Fitzy_888

Female judge...figures.


49 posted on 06/20/2014 12:57:40 PM PDT by Cowboy Bob (They are called "Liberals" because the word "parasite" was already taken.)
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To: Fitzy_888

This judge is an idiot and needs to be removed.


50 posted on 06/20/2014 1:18:30 PM PDT by SECURE AMERICA (I am an American Not a Republican or a Democrat.)
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