The Vermont Supreme Court today issued a unanimous ruling affirming the right of Janet Jenkins (formerly Janet Miller-Jenkins), to have visitation with her child (known as IMJ).  The court heard the case, in which Janet’s former civil union spouse, Lisa Miller-Jenkins, resisted all contact between Janet and IMJ, in September 2005. 

Jennifer Levi, senior attorney with Gay & Lesbian Advocates & Defenders, represented Janet at that hearing, and said, “This is a fantastic decision which is critically important for all families.  The court recognized that this family is like all others dealing with a break-up.  The court applied well-established legal principles to protect children in these circumstances.”  Local counsel Theodore A. Parisi, Jr., also represents Janet.

 “I'm relieved that today's decision brings me closer to seeing my daughter.  I just long to hold her, and tell her and show her how much I love her,” said Janet Jenkins.  Janet has not seen her daughter since June 2004.

The separation between Janet and IMJ is the result of Lisa’s refusal to abide by Vermont Family Court rulings regarding the status of both Lisa and Janet as legal parents of IMJ, and the resulting custody and visitation determinations for the child. Lisa successfully pursued a contradictory set of parentage and visitation rulings from a Virginia court.
In the September hearing, Lisa had asked the Vermont Supreme Court to undo three prior rulings:

• That Janet was a legal parent of IMJ and entitled to temporary parent-child contact;
• That Vermont did not have to honor a subsequent Virginia court ruling negating all visitation for Janet; and
• That Lisa was in contempt for refusing to comply with the Vermont court visitation order.

In today’s decision, written by Justice John Dooley, the Court declared:

“The family court properly assumed jurisdiction of the action to dissolve the civil union between Lisa and Janet.  The civil union was not void.  The court properly found that it had jurisdiction to issue a temporary order providing Janet visitation with IMJ, and it was not required to recognize and enforce a conflicting decision of the Virginia court.  Finally, the record supports the family court’s decision that Lisa is in contempt of court for willfully violating the temporary visitation order.”

The next steps in the case will be seeking final orders regarding custody and visitation from the Vermont Family Court; awaiting a Virginia appellate decision on whether Virginia ever properly exercised jurisdiction to enter this dispute while Vermont had jurisdiction; and seeking enforcement of Janet’s visitation rights in Virginia where IMJ currents lives.

Attorney Joseph Price is representing Janet in Virginia, along with Lambda Legal and with assistance from GLAD.

Gay & Lesbian Advocates & Defenders is New England’s leading legal organization dedicated to ending discrimination based on sexual orientation, gender identity and expression, and HIV status.

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