Gay & Lesbian Advocates & Defenders
September 7, 2005

Vermont Woman Pursues Visits with her Child

VT Supreme Court to Hear Miller-Jenkins Appeal Today

(Montpelier, VT) Gay & Lesbian Advocates & Defenders (GLAD) will represent Janet Miller-Jenkins today before the Vermont Supreme Court as she seeks enforcement of a visitation order allowing her a continued relationship with the child she had and raised with her civil union spouse, Lisa Miller-Jenkins.  GLAD senior attorney Jennifer Levi will argue on Janet's behalf.

"For more than a year, Janet and her daughter have been deprived of their relationship," said Levi.  "The separation is painful for Janet, bad for the child, and in flagrant violation of an order from the Vermont Family Court.  Lisa has openly ignored that court order, while a Virginia judge is helping her dodge Vermont law."

After entering into a civil union in Vermont, Janet and Lisa Miller-Jenkins planned for and raised their daughter together.  Lisa, the child's biological mother, sought to dissolve their relationship in Vermont Family Court in September 2003, acknowledging that the child was born into the civil union.  In November 2003, the Court determined that both women are parents, awarding Lisa physical custody and Janet visitation.  Local counsel Theodore A. Parisi, Jr. represents Janet before the Vermont Family Court.

After the relationship broke down, Lisa moved to Virginia and refused to allow Janet to visit their child.  Aiming to circumvent the visitation order, Lisa filed a competing action in Virginia seeking to declare herself the child’s sole legal parent.  The Virginia court complied; the Vermont Family Court held Lisa in contempt.

In the current appeal, Lisa is asking the Vermont Supreme Court to undo three Family Court rulings: the contempt order, issued because Lisa has failed to comply with the visitation order; the court's declaration recognizing Janet to be the girl's legal parent, as the child was born while Janet and Lisa were legally joined in a civil union; and the court's refusal to enforce the conflicting Virginia ruling declaring Lisa to be the sole legal parent with no visitation for Janet.

Attorney Joseph Price, for Equality Virginia, and Lambda Legal are representing Janet in Virginia.  An appeal in the Virginia case will be heard on September 14.

"This case boils down to this young girl's right to a relationship with Janet, her other parent who, along with Lisa, raised her from day one." said Levi.  "Vermont law appropriately recognizes both Janet and Lisa as full legal parents.  Lisa should be treated like any parent in a divorce case who shops around for a second court to do her bidding."

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Related Links

GLAD's VT Supreme Court Brief [PDF]
Amicus Brief filed by Vermont Psychiatric Association, et al. [PDF]
Lambda's Press Release
Virginia Equality's Q & A
Background on this case
Gay & Lesbian Advocates & Defenders (GLAD) is New England's leading legal rights organization dedicated to ending discrimination based on sexual orientation, HIV status and gender identity and expression.
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