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Judge forces sailor to appear in court or lose his daughter

Sailor in tight spot while serving overseas thanks to a Michigan judge.

CREDIT: Wiki Commons

CREDIT: Wiki Commons

A United States Navy submariner is caught in a legal nightmare, thanks to Michigan judge named Margaret Noe. The case involves a custody battle involving the submariner’s young daughter. According to an ABC News report, 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. Now Judge Noe 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.

The problem facing Hindes is that he is deployed in the Pacific and cannot appear in court. However, he is covered 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.”

The judge disagrees saying “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.” Judge Noe has threatened Hindes with contempt should he not appear in court.

The results of the judge’s ruling on this case can affect her re-election in 2014. People need to be aware of the way she handles our service members who are fighting overseas and act accordingly toward the judge come Election Day.

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