A jury recently convicted a Virginia pastor for aiding and abetting a mother who took her biologically related daughter out of the United States. In 2000, the mother married another woman in a Vermont-sanctioned civil ceremony. During the couple’s marriage, the biological mother conceived the girl through artificial insemination. The domestic couple split in 2004.
Afterwards, a family law court awarded primary custody to the biological mother and awarded visitation rights to the ex-partner. The biological mother appealed, claiming that she is no longer gay and that her ex-partner should not be allowed to visit the child. An appellate court affirmed the family court’s ruling.
When the case went back down to family court, the judge indicated that he was inclined to grant custody of the child to the ex-partner because the biological mother kept defying a series of court orders allowing the ex-partner to see the child. Prompted by the judge’s warning, the mother sought the aid of a Mennonite pastor. He arranged for another person to drive the mother and daughter to Canada where they were taken to an airport to catch a flight to Nicaragua.
The mother apparently chose to flee to Nicaragua because it is not a party to the 1980 Hague Convention Treaty that requires the return of children illegally taken from member countries. After their arrival in Nicaragua, American Mennonites took them in because they felt the child needed protection from what they consider an immoral lifestyle. The ex-partner hopes that the jury’s verdict against the pastor sends a message to Nicaragua that it should return the child safely to Vermont.
Notwithstanding the verdict against the pastor, the real issue is whether domestic partners who are not biologically related to children conceived during gay civil unions should have custody or visitation rights. Family law attorneys are equipped to handle a wide variety of child custody situations.
Source: Wisconsin Gazette, “Lesbian mom sues pastor who helped ex kidnap child,” Aug. 15, 2012
