[SEATTLE.CBSLOCAL] 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 jug 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.
Posted by: Fred ||
06/21/2014 00:00 ||
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Judge Margaret M.S. Noe, Circuit Court I
425 N. Main St.
Judicial Bldg. 3rd Floor
Adrian, MI 49221
No phone numbers, dear OldSpook. Polite and unthreatening letters will adequately send the message that attention is being paid. However misguided, this person is also serving our country, or at least her state.
A totally defanged fig leaf. It carries only civil penalties. It requires the servicemember to spend his/her dime to enforce the provisions. Given in this case, it's a judge violating it's words and intents and the judicial class has granted itself (without any Constitutional basis) immunity from such actions. He's screwed. The cowards in Congress could have alter that a long time ago by making it criminal rather than civil violation and classifying uniform military as a 'protected class'. Those are real legal teeth.
Does Washington State have any provisions to impeach or recall judges like her?
Posted by: Abu Uluque ||
06/21/2014 11:50 Comments ||
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#11
sounds like she went to the same law school as one of our local judges who put a father on probation for child abuse, The crime - he made his kid walk home from school as punishment for some unacceptable behavior - it was less than a mile.....
Posted by: Harry Turkeyneck7460 ||
06/21/2014 12:42 Comments ||
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#12
Michigan judge. Mom trying to use a local court to get back at the sailor and new wife - and get a hefty child support check in the process -- despite the child having been take from her due to abuse, and permanent custody awarded to the father.
Petty vindictive shit, supported by an apparently petty and vindictive Femnist judge who apparently thinks she can force a submarine on patrol to magically go to a port of call and the Navy to then magically let that sailor loose, then he can somehow, ithin a matter of hours, fly to Michigan just to make her dictatorial ass satisfied.
FYI, this judge is up for reelection in January. Find out whoever is running the opposition campaign and fund them.
Also, call the courthouse, and leave a voice message for the court voicing your dismay at her arbitrary and capricious flouting of federal law, as well as the fundamental disrespect for US Service Members who are deployed protecting this nation.
#13
I disagree with that censorship - that is a PUBLIC number, of a PUBLIC official in a PUBLIC facility. Not a private one. And its for the court, precisely so people can call to address the court. So its should be freely available here, as it is on the web.
This is no different than posting the congressional office number of a representative for similar feedback.
And letters? WRONG - the trial is MONDAY - letters would get there far too late to be of any good.
Get the phone number here http://www.lenawee.mi.us/contact-us
Or here if I don't get unjustifiably censored again (Feel free mods, but know that you are WRONG on this)
#14
NOTICE: Tempted to leave an abusive, harassing or threatening message directly TO that judge (as opposed to ranting or venting here)? Think again: personally leaving a threatening message on a government phone is going result in a visit from the FBI pretty quick for threatening an officer of the court on an interstate line. SO if you call, be succinct, direct and to the point about your belief that the judge is breaking the law, being disrespectful to service member, and being wrong, and that you will help to see she is ousted from the bench. But don't threaten her with anything that you would not say to her face with a law enforcement officer standing there.
#16
Allegedly this is a letter to the county courts, commissioners and the local news rag from a Navy CPO Paralegal. Unverified and unvetted, so granis salis until you can Snopes it yourself.
I am writing to share my dismay and disgust at the recent actions and statements made by one of your local judges, the Honorable Margaret Noe. It is my understanding that she is not familiar with the Servicemembers Civil Relief Act. The link to the text of the federal law (in PDF form directly from the U.S. Department of Justice website) can be found at http://www.justice.gov/crt/spec_topics/military/scratext.pdf
If you refer to Section 512(a), you will find this law is applicable to each of the States, including the political subdivisions thereof. In Section 522, you will see that the law specifically includes child custody proceedings. In addition, the law MANDATES that Judge Noe shall, upon application by the servicemember, stay the action for a period of not less than 90 days if the conditions in paragraph (2) or the section are met (which have been met, as required). Perhaps she was not aware that the law now includes the language including any child custody proceeding, since this language was added by P.L. 110-181, and was made effective on January 28, 2008.
The fact that she would blatantly violate Federal law is appalling. Even worse, she would do so in a manner that would violate the rights of a Servicemember and stripping a young child from the only home she has truly ever known, after a judge granted full custody to the father four years ago. Petty Officer Hindes is not shirking his responsibility as a parent due to his military service. Hundreds of thousands of brave men and women are at this very moment enduring the great challenge of being separated from their families and loved ones, while serving our great country and protecting the very freedoms and system this judge vowed to uphold.
I encourage the citizens of your community to educate themselves on the law and stand up against this outrageous violation. Military members cannot be punished for following orders. And as a submariner, Petty Officer Hindes is not so easily expendable that he can just leave his appointed place of duty. Judge Noe s actions are abhorrent to those of us who have proudly served in the military. She is an embarrassment to your community. Please let her know that her position is required to uphold the law, not violate it. Thank you for your time and consideration.
Very Respectfully,
Rachel B. Allen
Chief Petty Officer, U.S. Navy Military Paralegal
#17
By the way if you are looking to directly express yourself to this judge you would be hard pressed to do a lot better than the alleged letter above.
[DFW.CBSLOCAL] The Department of Homeland Security Secretary Jeh Johnson's arrival in Texas is being met with mixed feelings by some law enforcement officials along the border.
Don Reay, the Executive Director of the Texas Border Sheriffs Coalition, says a visit by Johnson may have had more of an impact before plans were put into effect to transport and house the thousands of unaccompanied minors that have come into Texas through Mexico illegally.
"I would wish that this would have been done prior to all of this action so that there had been some advance knowledge of all of these actions passed onto local governments rather than — here it is folks," says Reay. "The first I've heard of this trip is through the news media. None of my Sheriffs have contacted us to let them know that they've been contacted."
Posted by: Fred ||
06/21/2014 00:00 ||
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#1
Jeh Johnson's arrival ANYWHERE on behalf of the current regime should be met with "mixed feeling."
#4
The time to address this was a dozen years ago after 9/11. That meant a barrier fence and a defended zone behind it, with internal enforcement aimed at businesses who employ illegals, and making illegals ineligible for social welfare.
Had we done that then, we should not be facing this now.
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Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
