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. 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. DESPICABLE - Judicial Activism run amok!!! seattle.cbslocal/2014/06/20/judge-orders-deployed-us-sailor-to-attend-custody-hearing-or-lose-daughter-face-contempt/
Posted on: Sat, 21 Jun 2014 00:28:19 +0000
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