Matthew Hindes, a father and U.S. Navy sailor on active duty and stationed on a submarine in the Pacific Ocean, has been ordered by a Michigan judge to appear in court or he could lose custody of his daughter, and be arrested for contempt. Hindes requested a stay of the hearing for 90 days under the "Servicemembers Civil Relief Act," cited also by his commanders. The judge has refused to adjourn the hearing.
In 2010, Kaylee Hindes' mother was found to have neglected her and custody of Kaylee was awarded to Matthew Hindes. Apparently the mother is now complaining because Hindes left his daughter in the temporary care of his wife, Kaylee's step-mother, in Washington State while he is on active duty. Hindes' commanders cite the "Servicemembers Civil Relief Act" as a reason why the Michigan Court should give Hindes, an active duty service member, 90 days to make it back for court hearings. But the judge won't do it, because he says Hindes should have left the 6-year-old child with her mother while he was overseas.
Source: Eldridge, Keith, Local sailor ordered to be in court, despite being out to sea, KomoNews.com, Jun 17, 2014 [Accessed June 23, 2014]
NOTE: SEE UPDATE HERE http://tinyurl.com/o526m8f
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Additional resources: “Good to Go” (and Return!) Part 1: Unraveling the Rules," by Guest Author Mark E. Sullivan* Parts II and III will be published within the next ten days.
*Mr. Sullivan is a retired Army Reserve JAG colonel. He practices family law in Raleigh, North Carolina and is the author of The Military Divorce Handbook (Am. Bar Assn., 2nd Ed. 2011) and many internet resources on military family law issues. A Fellow of the American Academy of Matrimonial Lawyers, Mr. Sullivan has been a board-certified specialist in family law since 1989. He works with attorneys and judges nationwide as a consultant and an expert witness on military divorce issues in drafting military pension division orders. He can be reached at 919-832-8507 and firstname.lastname@example.org.
Additional Resource: How SCRA Protects Servicemembers from Foreclosures & Civil Suits