This week, the Vermont Supreme Court gave Janet Jenkins new hope in the custody dispute caused by her former partner Lisa Miller’s refusal to comply with a court-ordered custody plan and allow Janet to see their daughter.  The Court refused Lisa’s motion for re-argument in a decision the Court issued in August.

In the August decision, the Supreme Court unanimously concluded that under well-established laws designed to protect children and families, the Vermont Family Court properly ordered visitation between Janet and her daughter.   

Rutland Family Court will hold a contempt hearing on Friday, November 17 to determine penalties for Lisa’s refusal to comply with the visitation schedule.

“Sadly, the issue of parents putting children in the middle of their disputes is not a new one,” said Jennifer Levi, senior attorney with Gay & Lesbian Advocates & Defenders (GLAD).  Federal and state governments have tried to protect children with warring parents by stating clearly that the first court to adjudicate a custody dispute has continuing, exclusive jurisdiction to hear the case. 

“Those laws specifically prevent a parent from moving a child from state to state to take advantage of a different state’s laws.  The Vermont Supreme Court’s ruling simply affirmed that there should be no gay exception to those laws.” GLAD, along with local counsel Ted Parisi, represent Janet in Vermont.  “We hope and expect now that the Vermont Supreme Court has ruled on every open legal question in the case that the Virginia Court of Appeals will rule quickly and consistently,” said Levi.

The Virginia courts are involved in the case because Lisa, who moved there with the child after her civil union ended and after the Vermont Family Court took the case, sought and received a competing order naming her as the exclusive parent.  Represented in Virginia by Lambda Legal and Joseph Price of the law firm of Arent, Fox, Janet has appealed that order. 
Gay & Lesbian Advocates & Defenders is New England’s leading legal rights organization dedicated to ending discrimination based on sexual orientation, gender identity and expression, and HIV status.  GLAD is active in all six New England states.

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