Deployed sailor ordered to court for custody dispute
Someone sends us this link from KOMO News in regards to Matthew Hindes, a submariner on the USS Michigan, who happens to be deployed, but a judge has ordered that he appear in court for a custody hearing or lose custody of his daughter.
Hindes and his ex-wife Angela are now locked in a custody dispute back in Michigan with a mandatory court hearing on Monday. It’s one he’s unable to attend because the Michigan is deployed in the Pacific.
Hindes’ Navy commanders point to the “Servicemembers Civil Relief Act.” It says, “In an action covered by this section in which the defendant is in military service, the court shall grant a stay of proceedings for a minimum period of 90 days…”
But circuit court judge Margaret Noe in Michigan denied that protection for Hindes. The Daily Telegram quotes the judge, “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.” But sailor Hindes argues the child was taken from the ex-wife four years ago for neglect.
I’m wondering why we have laws to protect the rights of soldiers, sailors and Marines if the courts are going to be completely arbitrary about how those laws will be applied.
Category: Legal
This is the war on men that we hear so much about.
…oh wait, never mind.
When I was in Korea SECDEF Rumsfield arrived for some kind of mega sensing session and almost every question/issue raised wad related to servicemen getting wrecked in divorce and custody cases. It was a real eye opener. Apparently it’s still a major problem.
EricTN…Been through it with an ex. Tried to take advantage of deployment and every TDY to go to court for something. The judges ALWAYS, HARSHLY shut her and her attorney up! Guess those days are gone.
Sparks…glad to hear it worked for you.
Unfortunately, that’s not always the case. That said, my comment was somewhat tongue-in-cheek sarcasm.
Things they are a changing. This judge is so full of her self to think the US Navy will turn around a 2 billion dollar boat, to come to her court. She needs to be taken off the bench. She is not fit to be a lawyer. Can we say this judge is a femanazi? I have heard this type of legal move to work around the law.
Give the judge a call ya’ll!
http://www.lenawee.mi.us/departments/circuit-court
Well, the “good” judge was appointed to the probate court bench by good old You’ll Be Blown Away Granholm, before the idiots in Lenawee County elected her to the Circuit Court bench. Says a lot to me about her philosophy and qualifications.
Can’t that judge be disbarred for violating SCRA?
David: in theory, yes. The sailor can file a complaint to the appropriate state bar and, if they deem it serious enough, they can take action up to and including disbarring the individual.
In practice – no way in hell. And depending on Michigan’s laws, even being disbarred might not disqualify the individual from sitting as a judge. If the office is elective and there’s no requirement for a state judge to be qualified to practice law, then the individual would complete their term – and could stand for reelection.
This decision will almost certainly be overturned, but the sailor in question may well have to spend much time in court – and mucho dinero – to do that. And he probably won’t be able to recover damages from either the state or the judge personally due to sovereign immunity and shield laws.
If Hindes has an attorney, his attorney should have already filed a complaint with the Michigan Judicial Tenure Commission re: Judge Noe. If not, and he granted someone a power of attorney to act for him in his absence, they should file the complaint.
This story is going viral. I am confident that numerous lawyers will devote their time and skill to squash this wretched excuse for a human free of charge.
Ask her on Monday!
http://www.lenawee.mi.us/departments/circuit-court
It’s disgusting that vindictive exes and spouses get by with this sort of thing. But, they are just demonstrating their proclivity to be jerks, presumably a major reason they are exes or soon to be exes.
There is no excuse for this stuff. Simply follow the law, judge. That’s your job.
I have forwarded this to some active-duty Navy JAGs in a position to help. Ignorance or this act and even disregard of it is more common than you think. There is this thing in the Constitution called the Supremacy clause that, in essence, says Federal law trumps state laws when they conflict. The judge, in showing that she is the boss, is setting her decision up to be overturned on appeal when the sailor is able to return. Of course, that means custody will go to his wife and he will have to initiate the action when he gets home. Not good at all, but let’s hope the USG actually steps in and enforces its laws in this case.
Not good though. The mother originally lost custody because of child neglect. If this girl is placed under her temporary care who knows what abuse she may be vulnerable to while the judgment is getting appealed.
This is what a judge who has Gramholms name all over her. This abuse and contempt for my brothers by these Left wing Idioligical fools must end. Sadly this anise does not surprise me one bit.
But we can ask her why she insists on violating federal law! Pass this on to all of your friends and family!
http://www.lenawee.mi.us/departments/circuit-court
How f*&^(ng typical. When I went through my divorce, my lawyer told me that to even have a CHANCE of gaining custody of my kids, my ex would have to be a convicted of being a street walking, drug addicted hooker. and even then it wasn’t certain. I didn’t fight for custody because of that. This is now the only regret in my life that I have.
Well that’s just bullshit.
This is a case of some minor Judge who thinks because he wears a black robe and has a gavel he makes the law.
I was a single father who raised a son while I was in the Navy, I had a lot of help. I never got one dime of child support from his Mother but constantly had to fend off a judicial system who thinks that the best place for a kid is always with the Mom. A mother who crotch got more traffic than the Holland tunnel.
This judge is a woman and was appointed to a previous seat by a Democrat, which leads me to believe she too is a left wing nut job. I have yet to find if she’s also a lesbian, but we’ll see. I’m sure she burned her bra in college too.
But we can ask her!
http://www.lenawee.mi.us/departments/circuit-court
Ron we have the same problem in Summit County Ohio. Heavy lesbian influence in the court. Look up case” kenmore 6″ this is a case where 6 children were locked in a closet by 2 lesbians. The father complained to the court 134 times. On the 134th time Magistrate Debra Matz of John Quinns court threatened to jail the father for complaining. Kids broke out of house and cops got involved. Now the 2 “moms” are in jail serving out a 30 year sentence.
The well being of the child is not taken into consideration, only the female becoming a custodial parent for the money.
This is Michigan. Our Judges are not overly concerned with law. Most likely there is an appointment opening up, or a looming election. They like to get their names on the front page so folks will recognize the name on the ballot.
This on top of the Former Military Spouse Protection Act, that states unless stated in the divorce your ex (or exes) could get up to 50% of your retirement pay upon retiring from the military, need to be fixed asap. I have a friend who continously has this problem with his ex wife over custody. As soon as she hears he is about to deploy, she fights to get full custody. The last judge basically stated if he was tired of this he should just get out.
In reality USFSPA allows military retirement to be treated just like all other retirement ‘plans’.
Spouses also ‘served’ — frankly it was a lot more difficult to be be ‘just’ a ‘spouse’ than it was when I was active duty!
And Michigan, being an SSGN, ain’t exactly in the position of just popping up and doing a PERSTRANS (personnel transfer) out in the middle of wherever.
One more reason I’m glad I didn’t get married when I was on the boats. Never saw very many marriages, but I saw a shitload of divorces.
There are civilian attorneys who work for fathers’ rights, especially if the children are suffering from abuse or neglect by the mother.
If there is a statute already in place that protects the serviceman’s rights, the judge violated it, and should be reprimanded.
Meanwhile, how much damage is being done to the child?
It is not just serviceMEN who deal with this kind of insantiy — serviceWOMEN are, too. And the laws are supposed to protect ALL service members.
The child…… supposedly the CHILD’S welfare is the determining factor. Unfortunately, there are still many who seem to think that the mother, even if abusive or otherwise not a decent parent, somehow is more important than the father.
When a child was removed from one parent for cause, it seems insane that the parent from whom the child was removed would be able to gain custody again because the service member is deployed. Particularly when the judge is breaking the law by not following the federal statutes!!!!!!
Sure hope JAG can get justice for this father!
I wish the courthouse could be full of Sailors and Soldiers that day.
Hold muster on the court house steps…
Okay, help me out here. I thought first a deployed service person could not be compelled to appear in a civil matter. That it was automatically delayed until their return. Also in this matter his attorney should be able to appear in his stead. This judge is going to get overturned on this but in the meanwhile the judge may award custody to the woman. Then the poor guy will have to fight to get his kid back when his tour (or whatever they call them in the Navy) is over. This is wrong in so many ways. Thank you judge for honoring our servicemen who are deployed in service yo YOUR nation and freedoms.
http://www.lenawee.mi.us/departments/circuit-court
I’m nauseated by some of the oxygen thieves in the comments section of that article. I wouldn’t piss on their heads if their faces were on fire.
Sheese … I ain’t even a lawer and know that “Soliders and Sailors Act say NO, NO and NO!
Someone should tap the judge on the shoulder and tell him … but I am also guessing he already knopws and he is a leftist judge!
Someone should tell the court about this
First, as written, I agree that this is wrong.
The original news story does not say WHY the judge is going the way that she is going. If someone knows, please post. Some attorney representing the father moved to delay the hearing under the federal law. As I understand it, in a case like this when a judge denied that motion, she had to give a reason. We do not know what the reason was.
I live in Michigan and I know about Leelanau County. I lived in Traverse City and spent many years in the area. I have foster kids so I also know a little about child care law in Michigan. She is a judge, appointed by the Michigan Supreme Court, so she isn’t a complete idiot. Let’s get more of the story.
I screwed up on the location. The Michigan court in question is the Lenawee County Circuit Court in Adrian Michigan about 30 miles south of Ann Arbor and about 50 miles southwest of Detroit. The judge’s name is Margaret M. S. Noe. She is about 60 years old, graduated with a JD from Michigan State University in 1985.
Here is a lawyer profile from martindale:
http://www.martindale.com/Margaret-M-S-Noe/699794-lawyer.htm?view=cr
The only picture I found is from the back.
There are several bio-snippets (lawyer.com and so forth) but nothing detailed.
I was unable to find any court records for this particular case, I will keep digging.
Thank you Richard
All of the comments here appear to be based on emotion or self experience.
Until the WHOLE story comes out hold judgment.
If a marrage is going south – all know how to twist the events.
To be charge with neglect all it would take is for one party to get frustrated and get drunk – not be able to address the needs of a child and this can be used in court with enough “friends”.
Look to yourselves and ask – last time I was drunk did I serve the needs of my child ?
This particular issue has been pursued for sometime but now finally ended with this action….
Now it is perceived as an action against an active Sailor –
question – why he did not address this BEFORE being deployed.
The WHOLE story is that the judge apparently violated federal law by denying the continuance, or whatever it should be called. It just doesn’t matter if both parties in the custody battle are complete jerks or if it can be easily determined that only one deserves sole custody and the other one is useless as a parent.
The fact of the matter simply is that a court appearance cannot be ordered of a military member while deployed.
If you look at the site that was set up to help with their expenses, it says the child was removed from the mother’s care after the mother’s boyfriend physically abused the child. There was enough evidence to remove her from her custody completely. They did not terminate her rights, but did give the father sole custody. http://www.gofundme.com/justice4hindesfamily
I disagree Richard. I know her and she is an idiot. You are also wrong about being apointed. Unfortunatly, the fellow voters in LENAWEE county voted her in. There’s a couple of facts for you.
I’m hoping this goes viral, so please share the shit out it. The judge needs to have her name blasted across the internet as an uber-moron. My tolerance of the judiciary and prosecutors is wearing thin.
Agreed! I’ll have a friend post this story on the website she works for, too. Heh!
Especially ones that hail from Michigan
*cough*Bernath*cough*
Posted links elsewhere sir, agreed this asswipe needs to lose the next election and be gone from adjudicating cases as she is incompetent to the case law.
Having rights and having them vindicated are two different things. This guy needs help from somebody who has dealt with this problem, before.
Left/liberal jurists know no law but themselves and their military-hating progressive ideology.
I read all the comments posted.
Most appear to be emotional or of self experience.
Until the details of THIS proceeding is published or disclosed by the parties – judgment should be held.
As most would understand when a marrage is going south all it takes is frustration and an opportunity to get drunk or make a wrong choice and the events can be twisted and brought to court with enough “friends” it can be presented as neglect.
No excuse for what may have happened BUT
ask yourselves – the last time I was drunk did I serve the needs of my child…. most will realize NO.
This change to the decree has be ongoing for awhile so the question can be asked — Why was this not allowed to be processed BEFORE Matt’s deployment.
Possibly the Judge felt that the judicial process was being manipulated and her FRUSTRATION was high enough to issue her judgment – right or wrong ( oh see the comment on frustration above )
AND YES I HAVE BEEN INFORMED OF SOME OF THE EVENTS..
Certainly cannot speak for other posters here, but I simply do not care whether you or anyone else ever got drunk on any given Saturday. The only fact I am responding to here is the apparent judicial violation of federal law which protects deployed military members when ordered to appear in civil court.
My outrage has nothing to do with the subject matter of this case. It could be a property dispute or any other civil matter – my reaction would be the same. Members of the military do not forfeit their right to due process when they take the oath to uphold the US Constitution.
“Possibly the Judge felt that the judicial process was being manipulated and her FRUSTRATION was high enough to issue her judgment – right or wrong”
Sorry Bruce, you seem to be missing the point. The legal question involved is black and white, the judge either violated the Service Members Civil Relief Act or not. The judge’s frustration level is immaterial, if she can’t follow the law she should step down or be made to.
Hey Bruce. You are weird and you write funny.
Here is the link to our “local” paper….
It states that “Noe denied the motion for a stay, ruling that he could have arranged for his wife to bring the child to her mother.”
http://www.lenconnect.com/article/20140617/NEWS/140619158/10058/NEWS
I am an active duty sailor and have lived half my life in Adrian, MI. I already spread the word on my Facebook account. Hopefully my friends and relatives will start blowing up her phone. 425 N. Main St.
Judicial Bldg. 3rd Floor
Adrian, MI 49221
(517)264-xxxx
Judge Noe does whatever she wants. She thinks she’s above the law and acts like it. I know the lady and don’t like her as a judge or anything else for that matter. I do hope she gets what’s coming to her, and I hope our brave hero get’s what’s right for his daughter. To give her to an unfit mother? Way to go, Noe.
SCRA Judicial Proceedings FROM Military.com ***** My editorial before the information from Military.com PLEASE NOTE the word “MAY” and “upon application by the service member” It is my understanding this was not requested until the judges ruling was issued and this proceeding went to the NEWS by the current wife. ********** The Servicemembers Civil Relief Act protects servicemembers from certain judicial proceedings until they return from military service, deployment or overseas tours of duty. These protections include: Stay of Proceedings If the person is in military service or is within 90 days after termination of or release from military service and has received notice of a civil action or proceeding.the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days. Stay of Execution If the person against whom action brought is, or within the last 90 days was, in military service the court may stay the execution of judgments, court actions, attachments and garnishments. If the member requests a stay, it must be granted unless the court finds the member’s ability to comply with the order or judgment is not materially affected by military status. Default Judgment Before a court can enter a default judgment (for failure to respond to a lawsuit or failure to appear at trial) against a military member, the person who is suing the servicemember must provide the court with an affidavit stating the defendant is not in military service. If the plaintiff files no affidavit and defendant is in the military, the court will appoint an attorney to represent the defendant’s interests (usually by seeking a delay in the proceedings). The court may also require the plaintiff to secure bond to protect the defendant against harm. If a default judgment is entered against a military member, the judgment may be reopened if the member makes an application within 90 days after leaving active duty, shows he or she was prejudiced, and shows he or she had legal defense. Statute of Limitations Period of military service may not be included in… Read more »
The father is not losing custody to the mother. The father (well his wife) failed to produce the child for an agreed (between child’s mother and father) upon visitation. This is why the judge ruled “that he could have arranged for his wife to bring the child to her mother”
Hello! There is a Facebook page for supporters of the Hindes family – Sailor Dad for Kaylee. Please like the site, share and help spread the story. Lots of good information and others are sharing addresses/phone numbers to congressmen. The page was just converted to a community page, rather than a personal one. Much information was lost. But the family is still posting information. Thank you for supporting this injustice.
Sailor Dad for Kaylee FB support page
Hello! There is a Facebook page for supporters of the Hindes family – Sailor Dad for Kaylee. Please like the site, share and help spread the story. Lots of good information and others are sharing addresses/phone numbers to congressmen. The page was just converted to a community page, rather than a personal one. Much information was lost. But the family is still posting information. Thank you for supporting this injustice.
the irrationality, if not stupidity of this judges rulings makes her a prime candidate for removal from the bench and a mental evaluation. this sailor butt is on the line protecting us everyday and is certainly entitled to each and every consideration avalilable.
The “good” judge issued a stay, absolving the deployed sailor from having to appear in court from the middle of the Pacific Ocean.
“Kaylee Hindes was removed from Angela Hindes’ home in 2010 by Michigan Child Protective Services. Nighbert said she remains concerned about the girl’s safety while in her mother’s care.” So, CPS removed the child, which says a whole lot. Usually, CPS in Michigan shows up to watch the medical examiner remove the child’s body.
The judge claimed that she was unaware that Hindes was in the Navy, yet the paper said, “Judge Noe also on Sunday issued a summary of actions in the county’s Friend of the Court department related to custody and visitation issues in the case.” You mean to tell me that the FOC never, ever, told the judge that Hindes was deployed, and that he was an active-duty member of the military? Bullshit!!! They had his payroll history, his employment history and his whereabouts. If she has a problem, it’s with the Friend of the Court, not Hindes. http://www.lenconnect.com/article/20140622/News/140629724/?Start=1
Makes my very glad that I didn’t marry or have any baby mama drama going down while I was in. Oh wait, I have to take that back, there was one girl…but! She was batshit crazy. Heard she was a guest down at Lerdo Facility (Kern County).