LOUIS J. v. Superior Court

Louis J. is the father of two dependent sons, C. (born in 1997) and T. (bom in 1998), and is a petty officer in the United States Navy. At the 18-month review hearing the court denied Louis’s motion for a stay of proceedings under the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. Appen. § 501 et seq., the Act). Louis contends the court abused its discretion because he made a clear showing that his ability to conduct his defense was materially affected by reason of his military service. He also claims his sons’ best interests required a stay of the 18-month review hearing. We deny the petition.

Factual and Procedural Background

C. and T. were taken from their mother Marlena W.’s custody in October 2000 after she engaged in a knife fight with her pregnant niece in the boys’ presence. At that time Louis was stationed in Japan and living with his wife, LaTonya. Upon learning of the detention Louis traveled to San Diego. He told the social worker he was concerned about having enough money to support the boys and he needed to return to his ship. He was inconvenienced by the proceeding and thought that C. and T. should be returned to Marlena. The boys were…