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Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
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vinman Offline
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Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
I am at a loss for words. Family court in America has no respect for men. Another reason to pump and dump American women.

Quote: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.

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.”

http://seattle.cbslocal.com/2014/06/20/j...-contempt/

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06-20-2014 02:20 PM
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The Beast1 Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
One appeal will take care of this and kill any issues. The courts are the bitches of the military.
06-20-2014 02:31 PM
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Parlay44 Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
Female family court judge. Nuff said.

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06-20-2014 02:36 PM
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Hotwheels Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
(06-20-2014 02:31 PM)frenchie Wrote:  One appeal will take care of this and kill any issues. The courts are the bitches of the military.

True. However it should not get to that point.

Frankly, the judge should be censured if not removed from the bench for gross misconduct or whatever it may be called in legal terms.

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06-20-2014 02:46 PM
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Glock Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
One of two things will likely happen: (1) media coverage will force this power-mad judge to change course; or (2) the court of appeals is going to bench slap her brutally on appeal.
(This post was last modified: 06-20-2014 03:05 PM by Glock.)
06-20-2014 02:58 PM
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Foolsgo1d Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
It says something about the system within the USA when it can condemn a man serving one of its biggest institutions without remorse or comeback.

How is this issue able to come about?
06-20-2014 03:19 PM
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Merenguero Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
(06-20-2014 02:31 PM)frenchie Wrote:  One appeal will take care of this and kill any issues. The courts are the bitches of the military.

Agreed. In my experience, and under the relevant law, the courts will generally not touch a case if the Defendant is unable to be present and/or respond due to the fact that he is away serving in the military. Whenever I seek an Order of Default from the court, my client has to sign an Affidavit stating that the other party is not serving in the military. If the court does not receive such an Affidavit, nothing can happen with the case.
06-20-2014 03:22 PM
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kaotic Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
Oh I can't wait for the Judge to actually do this. Shit storm will ensue.
06-20-2014 03:34 PM
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Cr33pin Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
I don't know whats wrong with this guy. He should just turn his submarine around and come face his day in court. He needs to man up!! I mean whats more important leisurely cruising around the ocean or taking care of you daughter?!?!?!?

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06-20-2014 04:52 PM
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kinjutsu Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
Yeah this judge is an idiot. It won't stand up to appeal. Let the judge go power mad here, they will fall hard after.

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06-20-2014 04:53 PM
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Dr. Howard Away
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
I always get the impression that family court judges are like the ambulance chasers of their profession. What judge actually wants to work in that arena? As such, you get the worst of the profession who do ridiculous things....for example, the family court judge in TN who had to step down this spring because she wouldn't let a family name their own kid Jesus.

Now, on the other side he should have seen this coming. I guarantee that his ex wife was seething at his new wife being the only one taking care of her daughter while he was away. Bitches are nuts like that.

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06-20-2014 05:03 PM
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tomtud Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
The best family court judge was judge judy. I haven't watched her show for quite sometime, but am a big fan of her when she starts yelling at idiots in the court.
06-20-2014 05:08 PM
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placer Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
To be fair, according to one of the comments on this story "The father, although providing a great service to our country, has been violating the visitation rights of the mother. This case has been ongoing since the mother's petition back in August of 2013 and despite having almost a year to negotiate visitation rights, there has still been no progress in allowing the mother any time with her daughter. The judge made a ruling for the daughter to come to Michigan without the father for visitation only. So everyone stop freaking out please."
06-21-2014 06:09 PM
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Mongo Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
(06-21-2014 06:09 PM)placer Wrote:  To be fair, according to one of the comments on this story "The father, although providing a great service to our country, has been violating the visitation rights of the mother. This case has been ongoing since the mother's petition back in August of 2013 and despite having almost a year to negotiate visitation rights, there has still been no progress in allowing the mother any time with her daughter. The judge made a ruling for the daughter to come to Michigan without the father for visitation only. So everyone stop freaking out please."

But the Judge doesn't mention that at all. She only said that if the child isn't with the father, it should be living with the mother. Regardless of whether or not the mother is fit to care for the child, which CPS and the court determined already when they removed the child from her care and gave the dad full custody.
06-21-2014 07:53 PM
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placer Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
(06-21-2014 07:53 PM)Mongo Wrote:  But the Judge doesn't mention that at all. She only said that if the child isn't with the father, it should be living with the mother.

Just so we're on the same page: Is the text of the decision this judge issued available for us to read? Has anyone here on the forum read it?

I don't want to judge what has happened here based on hearsay and click bait news articles; down the path of mindless rage lies hysterical feminists ranting about an epidemic of rape culture with no evidence to support their position.
06-21-2014 10:33 PM
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zaqan Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
Sounds more of a general bureaucracy thing than a feminist agenda. Hasnt anyone heard the story of the cat summoned to jury duty and threatened with arrest? What about all the search warrants that are executed on the wrong houses? In the over-criminalized legal system we live in, this stuff is bound to happen.

But of course, it was women who were behind most of these noncrime laws that created such a government (drug prohibition being the main one).
06-21-2014 10:41 PM
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Glock Offline
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RE: Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arre
(06-20-2014 02:58 PM)Glock Wrote:  One of two things will likely happen: (1) media coverage will force this power-mad judge to change course; or (2) the court of appeals is going to bench slap her brutally on appeal.

The conclusion of this story is quite interesting. My prediction proved correct. The court of appeals got involved and bench slapped this judge. Further, the mother had lost custody because of a child-abuse investigation:

http://www.lenconnect.com/article/201408.../140828877

Quote:The Michigan Court of Appeals on Friday ordered no additional hearings in the case of a sailor seeking to retain custody of his 6-year-old daughter while he is deployed outside the country and unavailable to appear in court.

The order was in response to an appeal filed Aug. 12 by an attorney for Petty Officer Matthew Hindes. The appeal claimed Lenawee County Circuit Judge Margaret M.S. Noe was not properly applying a stay required by the Servicemembers Civil Relief Act.

Noe issued a stay on June 22, canceling an order for Hindes to have his daughter turned over to his ex-wife or face arrest. Noe ordered at a hearing on June 16 that his daughter, Kaylee, be in his ex-wife’s custody while he was deployed by the Navy.

Angela Hindes lost custody of her daughter in 2009 during a child abuse investigation. Matthew Hindes, who is based in Washington state, was granted full custody in a 2010 divorce order. Angela Hindes is now seeking a change in the custody order.

Friday’s order from a three-judge Court of Appeals panel stated Noe “erroneously continued to hold hearings on this matter relating to parenting time.”
09-21-2014 06:29 PM
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