The Virginia
court of appeals ruled unanimously Tuesday that the state
cannot interfere in a custody battle between former
lesbian partners over their 4-year-old daughter. The
court sided with Janet Jenkins, who asked that a
Vermont court order granting her regular visitation rights
be enforced. A lower Virginia court had ruled that her
ex, Lisa Miller, was the child's sole parent.
"This has been a long road for Janet, and now
she's that much closer to seeing her daughter again,"
said Greg Nevins, senior staff attorney for Lambda
Legal, Jenkins's counsel, in a statement. "The
Virginia court of appeals rightly recognized that federal
law protects parents against the very thing Lisa
Miller did--parents cannot shop around looking
for a court to give them sole custody."
When the couple, who entered into a civil union
in Vermont, split up, Miller moved to Virginia
with their daughter and asked a Vermont court to sort
out custody issues. When the court ordered that visitation
rights be granted to Jenkins, Miller immediately filed a
lawsuit in Virginia, attempting to capitalize on the
state's ban on same-sex marriage.
"We hold that the trial court erred in failing
to recognize that the [Parental Kidnapping Prevention
Act] barred its exercise of jurisdiction," said
the 14-page decision. "Accordingly we vacate the
orders of the trial court and remand this case with
instruction to grant full faith and credit to the
custody and visitation orders of the Vermont court."
(The Advocate)
