Serious Judicial overreach

[Rawedge Rim]

seattle.cbslocal.com/2014/06/20/judge-orders-deployed-us-sailor-to-attend-custody-hearing-or-lose-daughter-face-contempt/

Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest
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.
RELATED: Soldier’s Ex-Girlfriend Sells His Dog On Craigslist
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.”
– Benjamin Fearnow

For once I'm hoping the Fed gets involved on this one.

[Vraith]

For once I'm hoping the Fed gets involved on this one.

I don't disagree if the info is accurate. But I looked around, and AFAICT, this is an ongoing thing...he may well have already been putting it off for months and more.
He might have already dodged 2 or 20 court appearances.
We don't know anything about why the child was taken away...we don't know fuck-all...he could have been in violation of custody rules for years, and the mom finally got a judge to listen.

[Orlion]

We do know the child was taken away by Child Protection Services, that seems to imply neglect and/or abuse.

And besides, what the hell is wrong with a judge that won't compromise in such a case? The father is working FOR the US military, not skipping out on the case. Proceeding they way they are is a textbook case of corrupt power.

[Rawedge Rim]

For once I'm hoping the Fed gets involved on this one.

I don't disagree if the info is accurate. But I looked around, and AFAICT, this is an ongoing thing...he may well have already been putting it off for months and more.
He might have already dodged 2 or 20 court appearances.
We don't know anything about why the child was taken away...we don't know fuck-all...he could have been in violation of custody rules for years, and the mom finally got a judge to listen.

The child was removed from the mother's care originally for neglect, and custody was given to the father. The mother apparently has gone back to court to change that.

[Rawedge Rim]

www.9and10news.com/story/25840028/judge ... stody-case

Judge orders break in sailor's child custody case
Posted: Jun 22, 2014 3:03 PM EDT
Updated: Jun 22, 2014 3:03 PM EDT
ADRIAN, Mich. (AP) - A Michigan judge has called a time-out in a child custody dispute involving a sailor aboard a U.S. submarine.

Lenawee County Judge Margaret Noe (NO'-ee) 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 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, his wife and daughter live near Seattle. The judge says ex-wife Angela Hindes of Ohio still is allowed parenting time. She'll consider that issue Monday.

Noe has been criticized for her handling of the case. She says facts have been sacrificed for "sensational stories."

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

appears that the judge has begun backpedaling after negative press.

[SerScot]

The Court was making a serious error. The whole point of the SRA is to prevent situation like the one described from occuring.