Seminole Dad Released from Jail

I was thrilled to learn that the father who was jailed by Judge Alan Dickey for non-payment of child support, and about whom I've written several times (click here for earlier posts), was released from jail just before Christmas Day. I thought he would get to see his children for Christmas - after all, divorce decrees clearly detail each party's rights and responsibilities surrounding holiday visits.

I was wrong.

As of this morning, and in spite of her promise to drop them at his house Christmas Day at 4:00pm, the father still has not seen his children.  The mother's attorney claimed that she is living in a cardboard box under Interstate 4 and didn't have gas money to transport them to his house. Casselberry police were contacted at 8:00pm Christmas Day and only left a message on her phone to report her whereabouts back to them. I presume they've never heard from her.

Considering the below-freezing temperatures we've had recently, I would think that it would be in the children's best interest to be in their dad's home if they really have been living under I-4.

As a sidenote, the City of Casselberry came to the dad's home on Christmas Eve (3 days after his release) to give him a code violation summons because his business (which has failed) does not have an occupational license. It sure appears as though someone is trying to make his life miserable in any way they can.

I understand that not receiving child support can be a hardship on a single mom. But withholding children from their father should not be tolerated by any judge. I'll keep you posted on what Judge Dickey rules once there's a hearing.

Update on the Dad in Seminole County "Debtor's Prison"

Judge Alan Dickey granted a request yesterday to lower the interest rate on the father's unpaid court costs to 5%. The father is still in Seminole County jail, serving his 90 day sentence for non-payment of his ex-wife's attorney fees. He will not be released until after Christmas.

For more info, see our previous blog posts:

10/13/09: Injustice in a Seminole County Courtroom
8/8/09: One Father's Victimization by the System

Injustice in a Seminole County Courtroom

Several weeks ago I wrote about a dreadful custody case in Seminole County, "One Father's Victimization by the System" where a man was threatened with 90 days jail if he didn't produce thousands of dollars to pay his wife's legal fees.

Tragically, on October 8, Judge Alan Dickey ordered this dad into jail when he failed to produce $25,000. As of this moment, he is still incarcerated.

One courtwatcher who monitored the hearing felt that the judge seemed as though he had backed himself into a corner at the earlier hearing where he threatened to incarcerate him, and was unwilling/unable to believe that this man really had no funds at all. Several friends and business associates have been generous in lending him money to pay his attorney fees, but those sources are now tapped out.

Another courtwatcher submitted these comments about the hearing last week:

I have witnessed a few cases with Judge Dickey prior to this case. Previous cases with Judge Dickey were courteous in nature and he seemed to have taken his time and consideration into each of his rulings however, as this case came up and Judge Dickey began to familiarize himself with his past history/ruling of July 31, 2009, his demeanor appeared remarkably changed. Judge Dickey seemed quite agitated at the father's "reluctance" in satisfying past due monies on the ex wife's attorney's fees.


The father's attorney presented his current situation as being indigent and thus in the process of applying/approving for Social Security disabilities as well as citing the Bowen case with regards to the father's present contempt charge. At first, it appeared that Judge Dickey was actually reading the document however, my opinion changed as he quickly ruled against applying it to this case and therefore felt he gave no weight to the caselaw. I also feel strongly Judge Dickey may not have even considered reading the document had perhaps CourtWatch not been present.


Judge Dickey's behavior towards the father appeared irritated, angry and disrespectful at times coupled with the fact that Judge Dickey, in my opinion, further insulted the gentleman by stating in a smug, matter-of-fact manner that "his credibility was in question" based on past testimony and therefore he "would not believe anything he [the father] said."  The dislike from Judge Dickey towards this man was quite noticeable. It's as if he had some personal vendetta against him for unknown reasons to us. No patience or empathy for either the father or the children in working out a viable solution to an already dismal situation. Judge Dickey basically ruled a jail term of 90 days and re-evaluation thereafter as to his then presumed ability to "find the money" to satisfy past debt.

In my opinion, an injustice was done to both the father and his children by a prejudicial judge. My concern for this man is his willingness to continue the fight for justice and for the betterment of his two children, who appear to no longer have a voice of reason to speak for them in the courts. My hope is that his health will sustain through these hardships and for the safety of his children.

I understand that sometimes people feel as though once they've issued an ultimatum, they lose credibility and/or authority when they "back down" and change their position. Perhaps that's what Judge Dickey believes. But circumstances change as new facts come to light. Sometimes our impressions about people and situations need modification. The fact that a 55-year old man with a heart condition (having had 3 major attacks since 2004) would go to jail instead of pay attorney fees should tell the judge that he REALLY has no money.

CourtWatch hopes that this judge would be willing to admit his error, release this father, and hold a hearing where the wife is required to prove her allegations that he has the money she claims he has - something that has not yet happened.

Martin Luther King, Jr. once said "An injustice against anyone is an injustice against all." We should all be concerned about this man's plight and what it tells us about "justice" in this Seminole County courtroom.

One Father's Victimization by "The System"

In August, 2008 I received a call from a woman named Carol who is a real estate broker. We spoke at length about a custody case that was before Judge Alan Dickey in Seminole County. I explained to her that we focus on the criminal and injunction courts, though we hope to have enough volunteers and funding to expand into the domestic hearings at some point in the future.

Once she shared with me some of the miscarriages of justice that her friend was experiencing, I told her we would try to attend the hearings as much as possible. Considering some of the allegations involved, and the fact that there are two young children (a 6-yr old boy and 8-yr old girl) being victimized, I am not going to reveal the names of the family involved. Carol was assisting the father, whom the mother claimed had abused her and the children. Interestingly enough, allegations of abuse didn't start until the mother's immigration attorney advised her what she needed to do to be granted citizenship in the USA (police reports alleging abuse and being accepted as a resident into a DV shelter are needed).

Multiple witnesses - the neighbors, the police and even the independent psychologist - testified they never saw one single sign of abuse being perpetrated by the father. The children never indicated any abuse by him either. All the abuse allegations were by people testifying based on what the mother told them. Witnesses alleged that [the mother] has told the children to cross busy 6-lane highways against the lights where motorists have yelled "Lady are you trying to kill your kids?!" The father is terrified she will "accidentally" kill them. Additionally, the daughter alleged that sexual improprieties by a member of her mother's church had occurred while she was in her mother's care. DCF and the judge chose to disregard her allegations because she didn't verbalize them during the interview.

The father's first attorney was less than aggressive in advocating for his client, and Carol believes this is one reason for the judge's seeming bias against him. Carol, as well as our volunteers who monitored the hearing last month, believe that the fact that the father is from Iran worked also against him (the mother is from Turkey).

CourtWatch had two volunteers in Judge Dickey's courtroom for the 2-day hearing held in July. Carol told me after the hearing "I am sure that having 2 courtwatchers sitting there the whole 2 days with the big CourtWatch badge really helped. He [the judge] really seemed (for the first time that I have seen in this case ) that he was really trying to be fair! I was just so pleased that this time he let [the father] speak and didn't shut him up and speak rudely to him this time."

CourtWatcher #1 said "Judge Dickey in my estimation had already made a decision, and possibly before the hearing started. In his ruling he made mention of a previous ruling and declared that he stood by it. . . He believed that [the father] coming home to clean, wash and take care of the kids was controlling behavior. . . Apparently the Guardian Ad Litem was attacked during his testimony by [the mother's] lawyer as being biased in favor of the father. The judge explained, while making his ruling that the GAL had more opportunity to spend with the father due to the circumstances of the mother, her and her friends distrust of the GAL (reasonable or otherwise). Unfortunately the judge used this same explanation to minimize the GAL recommendation, that he [the GAL] didn't get to spend time with the mother, that his report ended at a certain date and it's the judge's belief that the relationship between the mother and the children got better after that date."

CourtWatcher #2 told me "Judge Dickey was fair and courteous to all parties. He did not behave as I had seen him a year or so ago when he would insult attorneys or their clients. The attorneys were well prepared and sharp. Those are my observations as a courtwatcher. Personally, I had no opinion on who should have the children until the last (15th) witness, the guardian ad litem for the children. He finally said what needed to be said and knew how to answer questions so the information did not get choked off or twisted by either attorney. Unfortunately, the children must remain with the mother for at least another week until the verdict is given. A motion by the GAL for immediate reversal of custody was ignored for about 2 months by the judge and he still does not seem concerned, so I do not know how he will rule. I do not know why the Safehouse has kept Mom for 10 months with no evidence of abuse. She seems to be taking advantage of the free lodging, groceries and childcare. The father obviously loves his children and had taken almost sole care of them when the family was together. DCF has apparently let this slide also."

The verdict?

CourtWatcher #2: "I was shocked by Judge Dickey's rulings in this case on Friday [July 31st]. He gave permanent custody to the mother who still lives at Safehouse and works 2 jobs at a deli and cleaning houses. She plans to attend SCC as a full time student this fall also. She has been severe in discliplining the children in the past, keeps few appointments with counselors, avoids contact with child care personnel, and apparently has little one-on-one time with the children. Judge Dickey explains all this as being the father's fault: providing her a car that breaks down frequently, not paying enough for child support, failing to get mother a green card, and being too permissive and lax with the children so they will not obey the mother. The judge says this is all a plot to keep control over the family. He believes the father is playing a game with money, hiding it from the Court. He cites this as the primary weapon of father's control. . . To me, it appears the judge reached his decisions early in this process and has conveniently fit all testimony to his pre-conceived story of control and deceit. It was a circular argument assuming the premise that the father has money no one can find. Expert witnesses were either denied testimony ( Dr. Tressler, child psychologist) or ignored (Mr. MaGill, guardian ad litem). Judge believes Mr MaGill was paid by father, but he was actually paid by the court. . . Perhaps in time his ruling will prove to be injurious to the children and we may need to call him to account. . . Perhaps the judge is right about the father having money he alone controls, but my alarm is that the judge was angry about that and sentenced these 2 children to a miserable life to punish him."

And from Carol: "[The father] hasn't been able to pay the last 2 months rent as it all went to the children's defense. He is giving away his stuff including lots of books, kids books, toys, and other items since he will be forced to move soon and is expecting to be put in jail on September 1st [for Contempt of Court - not paying his ex-wife's legal fees of $20k+]. If you know of anyone who could use these books and toys, let me know. . . No matter what, I do think you made a little difference as the judge wasn't as blatantly rude and biased as usual. I was hoping that meant he was really listening, but as we thought all along, he already had his mind made up."

Judge Dickey had a preconceived notion about this case and after 2 full days of testimony, stood by those preconceptions. What is the point of having a hearing if you're going to ignore the testimony presented? As one courtwatcher said, "Perhaps in time his ruling will prove to be injurious to the children and we may need to call him to account." Does a child have to be injured or killed before the judge is held accountable for this decision? The very thought chills me to the bone. Meanwhile, these two children are exhibiting inappropriate sexual behavior and Judge Dickey refuses to believe that being with Mom is not the in their best interest.

I hope the father in this case is able to appeal the judge's decision, even though his health is poor and he is destitute (he has relied on the generosity of friends to pay for his legal fees and heart medications). He is preparing to be put in jail next month because he simply cannot come up with the thousands of dollars that Judge Dickey seems to believe he can access. Perhaps a father's rights group will sponsor an appeal on his behalf.

If you know of resources that could be of use to him, please email or call me.