Gay & Lesbian Advocates & Defenders

Maine Coast

Timeline: Miller-Jenkins v. Miller-Jenkins

 

 

  • 1997 - Lisa and Janet meet and establish a romantic relationship in Virginia.
  • December 19, 2000 - Lisa and Janet travel to Vermont and enter into a civil union. They decide to have a child.

  • September 2001 - Lisa becomes pregnant through artificial insemination. Janet contributes financially to the process and attends every prenatal medical visit.

  • April 16, 2002- The baby (IMJ) is born. Janet is present at the birth. Janet and Lisa share parenting duties.

  • August 2002 - The family moves to Vermont.

  • September 2003 - The couple separates; Lisa and IMJ move to Virginia.

  • October 2003 - Lisa and Janet work out an agreement that includes custody, visitation, and support. Janet starts providing child support.

  • November 24, 2003 - Lisa files to dissolve the civil union in Rutland County Family Court, identifying IMJ as the child of the civil union, and requesting custody for Lisa and parent/child contact for Janet

  • January 14, 2004 - Janet files a counterclaim seeking custody for herself and parent/child contact for Lisa.

  • March 26, 2004 - The court issues a temporary order (to be followed by a written order on June 17) naming Lisa the custodial parent and Janet the non-custodial parent. The court names visitation dates for Janet.

  • June 4-6, 2004 - Janet visits IMJ in Virginia, as per the court order.

  • June 18, 2004 - Janet seeks to visit IMJ in Virginia as per the court order but Lisa refuses her access to the child.

  • July 1, 2004 - Virginia's "Marriage Affirmation Act" goes into effect; Lisa files an action in Virginia's Frederick County Circuit Court, seeking a declaration of herself as IMJ's sole parent.

  • August 18, 2004 - The Virginia court enters a temporary order of visitation and asserts its jurisdiction in the case, citing the Affirmation of Marriage Act.

  • September 2, 2004 - The Vermont court finds Lisa to be in contempt.

  • October 15, 2004 - The Virginia court enters a "Final Order of Parentage" naming Lisa the sole parent of IMJ.

  • December 8, 2004 - Janet files an appeal of the "Final Order" with the Court of Appeals in Virginia.

  • December 21, 2004 - Vermont Family Court rejects Virginia's "Final Order" because it does not meet the requirements of the federal Parental Kidnapping Prevention Act. Lisa files an appeal to the Vermont Court's ruling.

  • June 7, 2005 - Janet files a brief in the appeal.

  • September 2005 - The Vermont Supreme Court hears Lisa's appeal.

  • August 4, 2006 - The Vermont Supreme Court issues a unanimous decision in favor of Janet.

  • December, 2006 - The Virginia Intermediate Appellate Court decides that Virginia had no jurisdiction to entertain Lisa's suit to be declared IMJ's sole parent, and orders the Virginia courts to give full faith and credit to the Vermont visitation order.

  • January, 2007 - Lisa asks for a review at the full Virginia Intermediate Appellate Court, which is denied.

  • February, 2007 - Lisa seeks discretionary review at the Virginia Supreme Court, and files cert with the US Supreme Court seeking review of the Vermont end of the case.

  • March, 2007 - GLAD files a brief with the US Supreme Court opposing Lisa's request for review.
    Read GLAD's opposition brief

  • April 30, 2007 - U.S. Supreme Court refuses to hear Lisa’s appeal of Vermont Supreme Court’s decision.

  • June 15, 2007 - Vermont Family Court issues order dissolving the civil union, awarding Lisa custody and Janet visitation.
  • March 14, 2008 - Vermont Supreme Court upholds visitation rights for Janet Jenkins.
    Read the decision

 

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