VT High Court to Hear Custody Case

August 17, 2005

MONTPELIER, VT—Oral arguments in the custody dispute involving a Vermont woman, her former civil union partner now residing in Virginia, and their daughter are scheduled for September 7, 2005 before the Vermont Supreme Court.

Janet Miller-Jenkins and Lisa Miller-Jenkins were registered in a Vermont civil union four years ago while residing in Virginia. The couple jointly decided to have a child, who was born to Lisa in April 2002. The couple subsequently moved to Vermont where they lived for over a year before Lisa decided to terminate the civil union and move, with their child, back to Virginia. Shortly thereafter, the couple filed for dissolution of the civil union.

During the Vermont proceedings, the court issued temporary custody to Lisa, with visitation rights to Janet. Lisa (now claiming to be an ex-lesbian) began resisting the visitation order, with the help of a far-right christian legal organization, and subsequently filed for custody and a determination that she was the sole parent in a Virginia court.

The Virginia court claimed jurisdiction over the case, in defiance of the federal Parental Kidnapping Act ("PKA"), on the basis that Virginia law prohibited the court from recognizing the civil union and therefore giving "Full Faith and Credit" to the Vermont custody determination. Soon after, the Virginia court ruled that Lisa was the sole parent, that Janet had no rights regarding their child, and awarded custody to Lisa.

In the meantime, the Vermont court issued a contempt of court citation against Lisa for her failure to abide by the Vermont court's custody order.

At this time, Janet has appealed the Virginia ruling in Virginia, and Lisa has appealed the Vermont order to the Vermont Supreme Court. Most court watcher's believe this case will be appealed by one side or the other to the United States Supreme Court.

For the latest news, see this story. For more background information on the Vermont case see the GLAD web site. For information on the Virginia case, visit the Equality Virginia site.

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