Screwing over the Military, one Sailor at a time…
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.
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.
The full article is HERE. Bold above is mine- And this is pure BS!!!
There is this little thing called the Soldier’s and Sailor’s Relief Act that was enacted back in the 40’s and updated by President Bush in 2003 JUST to prevent crap like this…
Extract- Affidavit. Section 200(1) of the Act provides that before judgment in any action in any court, if there is a default of any appearance by the defendant, the plaintiff must file an affidavit stating facts showing whether the defendant is in military service.
I can’t help but wonder if this judge is trying to use the ‘excuse’ below to do a default judgement against the service member, contrary to the ‘intent’ of the Act.
Upon receiving service of process in an overseas area, a service member sometimes writes a letter to the court or sends a telegram asking for protection under the Act. Such an informal communication should not be classified as an “appearance” by the courts. The same is true of a legal-appearing document prepared by a military legal assistance officer and mailed to the court. In practice, however, at least two state courts have held that a letter from a legal assistance attorney invoking the Act and requesting a stay constituted an appearance This appearance waived the service member’s protection against a default judgment.
In any case, this is just flat out WRONG… I’m hoping the parent command brings some serious JAG horsepower to this to get this abortion of the sailor’s rights stopped!!!
I wonder if this kid needs a legal defense fund? I’d kick in to this…
I was wondering who was watching the kid (as it seemed the judge was) until I read about the step-mom.
If the birth mom lost custody because of being “unfit”, why would she (the judge) put the kid back there?
That judge’s term is up next January.
Not soon enough.
Fox News just ran the story! Congressman from Ohio working it also. The judge’s phone number is 517 264 4597 if you would like to send her good wishes. Bless her heart!
It would be refreshing if judges followed the law. Then again why should they when the Executive Branch only follows the ‘convenient’ laws?
Ed B. beat me to it. Circuit judges in MI are elected. I sure hope the voters remember this when the time comes.
Ed- Yeah, this is another ‘strange’ one…
AFCM- Thanks! I got voicemail too…
LL- Sad but true!
Tim- If only… sigh
If you find a legal defense fund for him, email me or post it.
I got money for this sort of shit that I would GLADLY part with. Hell, I’d break into the gun fund to help.
Alternatively, we could organize a protest outside of the judges house…..
B- Will do.
As a resident of michigan and a veteran i am completely appalled by this and will be in touch with as many of the single fathers i know here in the state so they can give this judge a piece of there mind
That’s a judge who desperately needs unemployment as a reminder. Appalling is too kind a description.
Redneck- Thank you!
Rev- Agreed… sigh
Been down this road with family, and it is so wrong, especially for the child. This travesty of justice needs to be righted. Anything I can do to help, I’m in!
Dammit- Thank you!
Explain to me why a judge would return custody to someone who was neglectful, especially when the father isn’t around to check on his daughter. Mind blowing.
This is outrageous
Blaze and Fox reporting the judge had a change of heart…”she didn’t know he was deployed”.
Let’s see how this goes.