View Full Version : Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, arrest
Whiskey_Bravo
06-20-14, 15:19
http://seattle.cbslocal.com/2014/06/20/judge-orders-deployed-us-sailor-to-attend-custody-hearing-or-lose-daughter-face-contempt/
The ****? Guy gets full custody because CPS took the kid away from the mother. Kid is with his current wife while deployed on a sub and the judge is pulling this shit and refuses to even give a 90 day stay? WTF? And he wants to take the girl away from her father/step mother to give her to the mother that sucked enough to get custody taken away?
Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest
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.”
Sailor needs to get his command involved, NOW. Quick phonecall to the JAG will probably get him in contact with someone to represent him pro-bono...
Grand58742
06-20-14, 15:27
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.
So exactly how is this not a violation of the Soldiers-Sailors Act?
Whiskey_Bravo
06-20-14, 15:29
Seems like a giant case of BS on the judges part. I wonder if the father even knows about the situation being on a sub and all?
http://i296.photobucket.com/albums/mm166/crankycrankerson/Andrew%20-Alexander%20-Tanner%20Skelton%20%20-MI-/12811judge.jpg
How did I know judge Margaret Noe would look about like this.
I would say to contact the Cheif Judge of this circuit but from what I can find it seems she is the Cheif Judge so her boss is the Governor of Michigan.
Perhaps these people could help on this sailors behalf:
http://www.lenawee.mi.us/departments/friend-of-the-court
Maybe they can pressure the judge to grant the 90 day stay if we send them enough emails about this case.
Whiskey_Bravo
06-20-14, 15:47
Someone should probably step in to help on his behalf. Not a lot the guy can do from where he is at. Dudes get the short end of the stick as it is in custody cases, and in this case the judge broke his already short stick in half and beat him with it.
Grand58742
06-20-14, 16:00
Someone should probably step in to help on his behalf. Not a lot the guy can do from where he is at. Dudes get the short end of the stick as it is in custody cases, and in this case the judge broke his already short stick in half and beat him with it.
I really don't like the ACLU most of the time, but this is one of the occasions where they are tailor made to step up and smoke the hell out of that judge.
I really don't like the ACLU most of the time, but this is one of the occasions where they are tailor made to step up and smoke the hell out of that judge.
Damn skippy.
Sidebar: I once shared an office with about 5 or 6 social workers (I am not one), all but two were liberal anti-everything women. I hung a Glock calendar on the wall in my 'partition.' Said wenches threatened to call HR because of the gun porn. HR called me, said it was harassment. I called ACLU. The dude said although he personally disagreed with my pro-gun stance he would be happy to bring the ACLU to bear. The threat was enough to get all parties to simmer down. If you have a civil liberties/rights case, they usually will step in,
Whiskey_Bravo
06-20-14, 17:35
What should be the process to get someone involved? I clearly think that it should be looked into as a guy on a sub can hardly get even remotely a fair shake.
There's more to this story that we haven't heard yet. The ex/mom is fired up about something enough to be making a big stink.
The Sailor should be covered under the Service Members Civil Relief Act.
There's more to this story that we haven't heard yet. The ex/mom is fired up about something enough to be making a big stink.
The Sailor should be covered under the Service Members Civil Relief Act.
Could be nothing more than a shitbag with the opportunity to create problems. Seen it once, seen it hundreds of times.
There's more to this story that we haven't heard yet. The ex/mom is fired up about something enough to be making a big stink.
The Sailor should be covered under the Service Members Civil Relief Act.
Causing problems for her ex (who has since remarried)
Getting custody of the child that was taken away from her?
Feds should go after the Judge and haul her ass to court.
Moms, especially in liberal WA state, don't get their kids taken away from them and custody given to the Navy Father unless they REALLY deserve it...
Whiskey_Bravo
06-22-14, 00:18
There's more to this story that we haven't heard yet. The ex/mom is fired up about something enough to be making a big stink.
The Sailor should be covered under the Service Members Civil Relief Act.
F this whore. She got her kids taken away which is pretty damn hard to do as a mom so she is pretty far down the suck ladder as a parent goes as far as I am concerned. She is fired up because some ass hat lawyer told her this was her opportunity to throw her ex under the bus.
It's no secret, Michigan courts hate men. Heck, try to adopt a child sometime and see how much they actually hate people who want to be parents.
It's pathetic.
ClearedHot
06-22-14, 03:32
It's no secret, Michigan courts hate men. Heck, try to adopt a child sometime and see how much they actually hate people who want to be parents.
It's pathetic.
Most of the family law courts in this country are biased against men it would seem.
Hey whoa, yall slow your roll. I'm not taking sides here. Having been privy to LegalO stuff in a command in WA state, I've heard my share of messed up situations like this. I'm well aware things happen and there are two sides to every story. I'd like to hear both. I'd like to hear why the ex is making a big deal. The question posed was made by a former Nav LegalO who I sat here and read the story to. I just relayed his question.
This seems rediculious. Looks like it need more national press and attention. Bill O'Riley comes to mind. We have the Soldiers and Saliors Relief Act information on the bottom if every creating traffic ticket here in VT and custody if your child is obviously way more important.
I'm sure that her diet is no indication of her personal judgements.
Hey whoa, yall slow your roll. I'm not taking sides here. Having been privy to LegalO stuff in a command in WA state, I've heard my share of messed up situations like this. I'm well aware things happen and there are two sides to every story. I'd like to hear both. I'd like to hear why the ex is making a big deal. The question posed was made by a former Nav LegalO who I sat here and read the story to. I just relayed his question.
You are correct, there are usually two sides to the story. I, and I suspect others, are just sharing our experience that one of those sides is often complete bullshit driven by vindictiveness and opportunity, especially in cases of custody.
We don't have enough information to make a completely informed opinion, but based upon what we have so far it looks like a guy trapped in a tin can getting railroaded by a vindictive ex and a judge who should be serving cold fries at the drive through window.
I know admittedly very little about the Navy.
The highest ranking military member in the USAF, Gen Welsh, relayed a similar story to me (and others) earlier this year.
When he was a colonel in Korea and he found out a similar situation was happening to one of his Airmen, he moved heaven and earth to get that Airman on a plane and in court CONUS the next day.
Being on a sub is different logistically. But I have no doubt the Navy will do right by this Sailor.
The_War_Wagon
06-23-14, 06:00
http://i296.photobucket.com/albums/mm166/crankycrankerson/Andrew%20-Alexander%20-Tanner%20Skelton%20%20-MI-/12811judge.jpg
How did I know judge Margaret Noe would look about like this.
Feminist troll. All she needs is some green skin. :bad:
Grand58742
06-24-14, 12:09
And...the judge figured it out.
http://www.freep.com/article/20140623/NEWS06/306230109/Matthew-Hindes-child-custody-Adrian-Angela-Hindes
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 Matthew 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 and the U.S.S. Michigan’s command staff had sent letters to the court explaining his overseas military service, and they appear to have been filed on or before June 13.
I think this is a case of where the judge got caught doing something completely wrong and is attempting to backtrack as quickly as possible.
Now, that sailor had better have his crap together, and in the courtroom looking his Sunday best on October 22nd...
And...the judge GOT CALLED OUT.
http://www.freep.com/article/20140623/NEWS06/306230109/Matthew-Hindes-child-custody-Adrian-Angela-Hindes
I think this is a case of where the judge got caught doing something completely wrong and is attempting to backtrack as quickly as possible.
FIFY.
I loved this little tid bit about the child's biological mother who is suing to regain custody:
The mother applied last year to regain custody. Her latest filing in the case by Friday was in April, when she asked the judge to decrease her child-support payments for Kaylee because she lost her job and had a baby.
Angela Hindes, who lives in northern Ohio with her infant son, filed the request herself. Her lawyer withdrew from the case about a week prior, citing a “breakdown of relationship” and claiming she owed him $2,813.87, and her last payment was $20 in December, according to his request to withdraw.
So, the woman who can't keep her legs closed or a provide for herself wants another child...riiiiight.
I loved this little tid bit about the child's biological mother who is suing to regain custody:
So, the woman who can't keep her legs closed or a provide for herself wants another child...riiiiight.
She at least wants to be on the other end of child support i imagine!
How did she hire an attorney without a retainer? She must be cuter than me. The attorneys I've hired all worked like Soviet grocery stores. Leave your wallet at the door, and they will deduct what you on on the way out.
Good luck to that sailor, glad rule of law prevailed for him. The internet buzz does work some times.
Whiskey_Bravo
06-27-14, 07:21
Just saw the step mom on Fox this morning so the story looks like it is getting more traction.
She at least wants to be on the other end of child support i imagine!
How did she hire an attorney without a retainer? She must be cuter than me. The attorneys I've hired all worked like Soviet grocery stores. Leave your wallet at the door, and they will deduct what you on on the way out.
Good luck to that sailor, glad rule of law prevailed for him. The internet buzz does work some times.
She probably didn't. So long as there is a working male, females can get lawyers on contingency.
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