Skip to comments.Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest
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.
Story is on Drudge....
More proof that “judges” are really, really stupid these days.
His attorneys should get hold of his congressman immediately. This is complete BS.
Words fail me.
This is where the “Judicial Inquiry & Review Board”, the police body that monitors judges behavior should receive a formal complaint for judicial misconduct against her...
This is so biased against men that it’s flagrant!
What type of armed services would we have if judges could pull this routine regularly? I would obviously feel the same way if the sexes were reversed here.
This is unacceptable. I wish there was a way this guy’s attorney could get a stay from an appeals court, for 90days to whatever it takes.
This judge should be released from future rulings.
Incredibly stupid judge.
You just can’t fight stupid. Another rampaging liberal judge on the loose.
A judge in the Left Coast. What else an one expect? If you want justice, don’t look at the law.
If you listen to her personal rant, you can understand her bias... She should be booted from the bench..
The “judge” will be overturned (read: b!tch-$lapped) on appeal.
In a society of Progressives there is not much you can do for “stupid” other than promote them in the Administration.
Hmm. There is the Soldier’s and Sailor’s Civil relief act that has been around for a long time. It delays most civil actions against deployed servicemen until they return. I don’t know if it would apply in this case but would be shocked if his attorney’s didn’t know about it. It is quite a fundamental statute.
She’s just arbitrarily gifting this to the wife.
I agree with your take on it, although I haven’t listened to it yet.
As the old saying went ... “A” students became Law Professors, “B” Students went into practice, “C” students became Judges.
I used to live in a country where even the dullest jurist would never attempt this. Remember it?
Unless the kid enlisted with him, she’s not in the custody of the person the court assigned her to. I suspect that’s the source of the contempt issue, not his failure to appear.
From the article:
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.
Unless the Judge is deaf...she probably knows and simply doesn't care...
She is a black robed tyrant after all...probably thinks she is above the law..
The Act most likely wouldn’t apply in a situation where the court’s order is being violated and the violation will continue if the hearing is put off. It’s handy for things like contract issues, etc.