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.”
“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.
“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!
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 ...
Judging Cow patties qualifies you to be a Judge in Michigan ?
Time to remove the unJudge.
“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/
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.
She’s a cow pattie judge too? What are they judged on? Size, texture, aroma?
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?
Many of these robed dictators need to be impeached. They somehow have the notion that they are God.
“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.
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.
Judge needs a dirt nap...
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.
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.
Surely someone can step in on the sailor’s behalf and get this case reassigned for cause.
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.
No, silly. Taste.
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