[Indexed as: Struck, Doug, “Pickets Support Jailed Father,” Evening Capital (Annapolis, Md.), Feb. 19, 1976]
A dozen picketers marched in front of the circuit courthouse yesterday in support of a father who hid his children and went to jail rather than obey a judge’s order in a custody case.
The picketers, a “Father’s United” group which has made similar protests here in the past, disbanded yesterday after about three hours of marching.
A court hearing was scheduled for this morning to determine the fate of the father. Dara L. McAtee, of 752 216th St., Pasadena, tearfully said her husband had gone to jail yesterday morning “for the good of his children.”
Mrs. McAtee said Judge Karl F. Biener had ordered McAtee’s 9-year-old son and 6-year-old daughter from a previous marriage temporarily given to the custody of his ex-wife until the custody suit was settled.
“It wasn’t a fair decision, she said. “It wasn’t fair to give her the custody without hearing our side of the story.”
Biener had ordered the children to live with McAtee’s ex-wife, now Mrs. Judy Tuminello, until the suit resumed March 29 after one day of testimony Friday. Instead, McAtee hid the children and was jailed yesterday for contempt.
McAtee’s attorney, Leonard J. Kerpelman, got a hearing set for this morning before Judge John G. Turnbull in Baltimore County Circuit Court. McAtee remained in jail last night.
“He doesn’t belong in jail. He just wants to do what’s best for his children,” Mrs. McAtee said.
According to court papers, McAtee was divorced from his first wife Oct. 31, 1972, and retained custody of the children. In December, 1972, however, he signed an agreement allowing the children to live with his former wife, who had then remarried.
Mrs. McAtee said they decided not to return the children to Mrs Tuminello in November after the children stayed for a weekend visit. She said her husband had “become convinced they were not getting the care and love they should.”
Biener said yesterday his temporary order after the first. day of testimony in the suit was based on McAtee’s signed agreement with his ex-wife.
“That is a contract, and it simply can’t be breached unilaterally,” he said.
Biener said he has ordered an investigation by the Department of Social Services of the children’s situation. He set March 29 for resumption of the case- “the very first date free on my docket,” he said.
At the conclusion of the case, Biener said he will “try to determine where the best interest of the children lies.”
The picketers paraded before the courthouse with signs reading “Anne Arundel Justice Unfair,” and “A lawless judge is an unfair judge.” They marched next to an apparently fascinated group of Amish selling cookies and cakes on the court steps.
The Fathers United group, and its associated Second Wives Coalition have frequently picketed court decisions in child custody cases they felt unfairly favored the mother.
A spokesman for the group said a letter has been sent to the Judicial Disabilities Commission complaining of Biener’s decision.