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. But now a judge 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, ABC News reports.

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."