Vermont Contempt Hearing Scheduled In Miller-Jenkins Custody Battle
02/07/09- by Bridgette P. LaVictoire
Judge William Cohen of Rutland Family Court has scheduled the hearing to consider a motion regarding holding Lisa Miller in contempt of court for failing to appear at the custody exchange of Isabella Miller on the first of January. The hearing is scheduled for 22 January in Rutland, Vermont, and comes after more than a year of Lisa Miller failing to follow through with visitation orders given by Judge Cohen. It also comes after the Bedford Juvenile and Domestic Relations in Virginia ordered that the custody exchange go through. This means that Lisa Miller must hand over custody of Isabella Miller in both states involved in this case.
Many of those who are opposed to this custody exchange have used a series of arguments ranging from the argument that Isabella Miller is the biological daughter of Lisa Miller to arguments how Janet Jenkins is a stranger to Isabella Miller. Unfortunately for them, the law recognizes the rights of non-biological parents. Many men use sperm donors and women use egg donors and they are considered to be the parents of children conceived within any marriage or union that takes place even if they are not biologically related. In a case in California, a woman made the argument that her ex-husband was not the biological father of their child, and that meant that he had no rights with regards to the child. The courts found otherwise, and ultimately granted the ex-husband sole custody of the child after the woman followed the same course of action as Lisa Miller. As for the stranger argument, Janet Jenkins is the mother of Isabella by virtue of the civil union, and is only a stranger to Isabella since Lisa Miller has done her best to prevent any and all contact between Isabella Miller and Janet Jenkins.
The law is not on Lisa Miller’s side. Federal law states quite emphatically that the courts in Vermont have jurisdiction in this case, and it is something that has been upheld repeatedly. The Supreme Court of the United States even refused to hear this case based upon the Uniform Child Custody Jurisdiction And Enforcement Act. Attempts to portray this case as damaging to the LGBT Community have largely been strained and perpetuated by the same group of people who have attempted to flood any and all comment forums attached to articles dealing with this case. Many of the comments perpetuate the same slanderous and libelous assertions which were made by Lisa Miller in an interview given to the Fundamentalist Christian site Life Site. The accusations leveled by Lisa Miller have proven to be false.
Regarding the Bedford court order, Rebecca Glenburg, Janet Jenkins’ lawyer from the Virginia American Civil Liberties Union, had this to say, “We expect Virginia law enforcement to take whatever actions they can to locate the child and make sure the custody order is complied with.” Major Rick Gardner of the Bedford Sheriff’s office also stated We have been and are, as I write this, working with the Fairfax Co. Police Department and officials in Vermont on this matter. That’s all we have at this time.”
Lisa Miller and Janet Jenkins entered into a civil union in Vermont, where the two lived. Isabella Miller was born in 2002, and the civil union was dissolved in 2003. Associated with the dissolution of the civil union was an order that Janet Jenkins be given unsupervised visitation with Isabella. Soon after the court ruled, Lisa Miller fled to Virginia where she declared herself to be “ex-lesbian”, and tried to use the anti-LGBT Constitutional amendments in Virginia in order to avoid compliance with the court orders in Vermont. Unfortunately, the UCCJEA meant that Vermont had sole jurisdiction in this case, and that is something that has been upheld in every court that has heard this case.
Judge William Cohen is far from being a liberal judge. In point of fact, he is fairly conservative. The order granting Janet Jenkins sole custody at this case comes after a long history by Lisa Miller of denying Janet Jenkins access to her daughter Isabella Miller. Judge Cohen is, however, a stickler for having his orders followed. Attempts to portray him as some liberal activist judge come from people who feel that anyone who refuses to follow their interpretation of the law is an activist judge even if their orders violate the case law of the country. Lisa Miller faces jail time for non-compliance at this point. Her current whereabouts are unknown.
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- “Ex-Lesbian” Lisa Miller Fails To Hand Over Custody of Isabella To Janet Jenkins (lezgetreal.com)
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Court Calendar for Rutland Family Court
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Well, regardless of how things go for in court, my guess is that the Millers are long gone and this case has done tremendous damage to LGBT cause… so to Janet Jenkins I will say:
Your overt narcissism and lesbian militancy is deeply appreciated. The burning desire of you and your supporters to rip a little girl from her only real mom have done a great, great job of exposing what the gay rights movement is all about!
Thank You,
Thank You,
Thank You!!!
Mr James…. you need to step back and take a look at just who is being Militant….. Because it is not us calling for the overthrow of the government… it is you who is doing that.
Janet Jenkins has tried to resolve this issue the right way… by taking it though the courts… but your side has ignored every legal decision because somehow you think yourselves above the law.
Losing this case on so many levels and in so many venues… means but one thing… the position of Lisa Miller and her Liberty handlers was wrong….
as for being narcissists… I have to really laugh at that…. because it is you who think you are at the center of the world and above the law….there are plenty of laws and rulings by the courts we gays do not like…. but unlike you and yours we don’t ignore them… instead we work within the law to change them.
Ms Miller as for being long gone… the information I have is Miller is not so much gone as she is staying inside at the moment and still close to her Thomas Roads Mob base, which in my opinion would probably have a lot to do with why Liberty Law and Mr Stavers have not filed an answer to this motion to date… it appears to me they are acting more like mob counsigularies, then the officers of the courts they are supposed to be.
Thank you MR James for showing the world the criminals and thugs all of you you are…. because you are really coming off looking like an episode of the Sopranos here… as Intimidation… Kidnapping… and Obstruction of Justice… are all more akin to Sopranos family values then true American family values… and remember when all is said and done … it is not a gay who may be on the way to jail over all of this and that fact should tell you something.
(Reads Paula’s post, reads mine again, reads Paul’s again… shrugs, squints…???)
Paula,
You unloaded on me with both barrels and added a great deal of your thinking and suspicions to your post.
Mob base? Criminals? Thugs? intimidation? Obstruction of justice? -sigh-
I think you should rename your website to ‘www.letsgetshrill.com’
Later…
Intimidation… Kidnapping… and Obstruction of Justice has been just a few of well documented plays the Thomas roads crew has used in this case… just because they claim to do them in the name of the Lord from the back office at Thomas Roads Baptist Church in Lynchburg and not from the back office of the Bada Bing strip club in New Jersey does not mean they are not any less thugs and criminals for having done them.
Shrill? Have you read any of the cut and paste tripe you called comments left here on this site by you? … glass houses Deerick… glass houses.
As for my thinking and suspicions… if you only had a clue what I do for my day job you’d probably take those far far more seriously then you are at the monent… see ya in Lynchburg Deerick.
Derek James,
You have come to this site over and over again to push your beliefs about this case and the lies associated with it in such a manner as to intimidate the writers of this site. You have spread your lies to other sites as well. You continue to do so. What galls you and the others is that we have pushed back against you.
Paula,
I have no doubt that someone as intelligent as you has a very interesting day, to say the least. ‘Lynchburg Deeirck?’ uh…. no. (Lynchburg? seriously…)
Sei,
“What galls you and the others is that we have pushed back against you.” Gall? No. You ladies have your beliefs and agenda and you’re going to pursue both. This is the way it goes- back and forth. Up until now it has been the religious types against the LGBT movement. Now, with the attempting kidnapping/ confiscation of Isabella Miller from her real mom Lisa, you’ve added a far great number to your opponents. It shows how dangerously stupid this entire ‘gay marriage’ movement has become.
And this is a good thing. I think the movement has seen its ‘high water mark’ and will recede from here. That is my hope.
I’m sorry about the way you choose to live but why should the rest of society and nature alter or redefine the basic rules of biology so you folks can feel better about yourselves?
No, those old wise words still hold true- the needs of the many outweigh the needs, and in this case ‘wants’ of the few.
I know you are not in Lynchburg… Deerick… but I would lay money that whole domestic partnership deal in Wisconsin is really annoying the hell out of you as well…. as for the spelling of your name…. since you have had a so many problems getting the spelling of your name consistent here…I figured I’d offer up one of my own…
Now Deerick…. it would seem the only needs you care to look out for are the need of a few criminals at Thomas Roads… Because the law and the truth, despite all of their obfuscations and yours…. is totally on our side on this one and the only ones who do not see that are you cool-aid drinkers. Deerick… dude… come on… people see you can not even tell the truth about who you are… just so you can make it look like you are some large group of people who feel this way about this case… even after we and several other sites have made sure everyone knows you are nothing but a handful of trolls… albeit, I will admit, very busy and loud trolls who appear to have no jobs and nothing better to do with their time…. Do you even realize while Ms Miller Face Book page has 3000 members… 75 percent of those members are from the LGBT community or are our allies and are only there to ridicule sad cases like you?
Deerick you have claimed to be a Libertarian… yet you don’t even seem to know what the Libertarian Party’s official positions on same-sex marriage or gay rights are… but please let me bring you up to speed… that position is… a total repeal the federal Defense of Marriage Act and state laws and amendments defining marriage, the opposition to any new laws or Constitutional amendments defining terms for personal, private relationships, the repeal of any state or federal law assigning special benefits to people based on marital status, family structure, sexual orientation or gender identification and the repeal any state or federal laws denying same-sex partners rights enjoyed by others, such as adoption of children and spousal immigration.
Libertarians also say that should it become necessary to remove a child from his or her home, as in the case of a mother acting irresponsibly, pulling her child from any type of normalcy and going on the run from the law… just like Ms Miller has done, the only local courts, like the one that has always held jurisdictional authority over the Miller case in Vermont, should be empowered to remove that child from his or her home….
I also have to wonder since a core principal of most Libertarians is the maximization of individual liberty… how is it you have come to conclusion about the needs of the many again?
No I’d say what you have espoused here are not Libertarian principals at all , but those of the late Brother Jerry Falwel and his Thomas Roads “family”.
We gays could only hope that a Libertarian government could be elected…. As one can only hope dinosaurs like you ( assuming, respectfully, you do believe in dinosaurs, since I know dinosaurs and that whole evolution deal can be a bit of a problem with many of Lisa Miller’s supporters) have seen their ‘high water mark’ and will disappear with the rest of your species soon…
I always find it funny when people say how homosexuality is against nature. That is a load of elephant droppings. And speaking of elephants, they are among the fifteen hundred species who have been documented having homosexual intercourse. Of course, there are several species who have same-sex matings that last for life. But that isn’t “natural”, and I guess those animals choose their “lifestyle”. Your next argument will, probably, be the stock one of how just because animals engage in it, it isn’t right.
Actually, Mr. James, it is you guys who have damaged your cause in all of this despite your complaints to the contrary, but, of course, saying that we are the ones who are hurt over and over again just does not make it true. You see, we’ve conducted a few surveys and a few polls on this issue and found that women side with Jenkins and the law far more than men do, and that includes many of the Evangelicals that you are busy counting on to support your cause. They recognize that, by violating the law, Lisa Miller is violating their rights as well.
Lisa Miller lost custody of Isabella because of the choices that the people supporting her made. She now risks going to jail over that. She is the one who kidnapped Isabella, and that is what the law says. You dislike the law, of course you do, but that does not change things does it? People are not sympathetic to Lisa Miller. They feel that she had every opportunity to not lose custody, but you and yours have been pursuing a political agenda that has not worked because people feel that she had every opportunity to comply with the law.
In fact, the LGBT Community, including me, have not made this a center of any political or social agenda. That upsets you guys as well. You have turned this into a poster for your attempt to impose a Christian form of Sharia on this nation, but that has not worked as planned, has it. We have not turned this into a poster for why marriage equality has to be made legal. That is because, unlike you, all we care about is the legal system being upheld.
Mr. James, if the needs or wants of the many outweighed the needs or wants of the few, then Catholics, Evangelicals, Jews, Muslims, and so many others would have been denied rights under our Constitution since, at the time, the needs of the many made Anglicanism the religion of the land. Majority rule does not mean obliterating the rights of the minority. But, of course, you feel that, as a Christian, you are in the majority, but you are not even close to being in the majority of Christians. Many Christian denominations are beginning to accept gays, lesbians and transpeople, and that many of them are advocating for marriage equality. It seems to me that the tide has turned against you.
Paula,
First, I have no problems spelling my name and I only have one. I know it would be comforting to believe that those of us who have recently come out of the shadows are fewer in number than we are… trust me, we are millions. We are angry about health care, national defense, taxation and this entire stupid gay marriage distraction.
Second, when The Millers were forced into hiding to maintain the integrity of their family, to prevent a travesty, malfeasance of justice and overtly damaging situation for a little girl that moved a lot of us into action on this front. And the recommendations of the Guardian Ad Litem/ court appointed lawyer for Isabella Miller, Michelle Kinney, if you know anything about Family Law, judges almost never go against the GAL. This is bizarre, unconstitutional, unnatural- Evil.
Third, and I’ll make this known here, many people, people who love this country, Liberterians, devout Catholics, Mormons, Conservative and Orthodox Jews, small business people, veterans and the military, the Fundamentalists you people loathe, etc. are busy closing ranks against your movement. Between stalking opponents, invading churches, beating up little old ladies and now trying to steal children, the gay Rights/ Gay Marriage movement is ‘hosed’ for years to come…
Even your Democrat allies are turning on you. Your own website is on the attack against Harold Ford, which is truly a ’self inflicted wound.’ When New York and California voted down gay marriage, you guys were done. So keep screaming, keep demanding the arrest of Lisa Miller, keep tying that noose of public opinion around your necks and hopping of the gallows… you have no one to blame but yourselves.
Mr. James,
Reporting on the political positions of a politician is hardly attacking them. Then again, anything that disagrees with you is an attack, is it not?
A lot of the stuff you mentioned there, including the attack on an old lady, were investigated. Some were proven false, and those who did commit crimes were, as this site advocated, arrested and charged with crimes.
Mr. James, Judge Cohen made the decision based upon the law. This is not a travesty of the law. The travesty was the day your little cabal of people chose to break the law. You continue to support law breakers with every breath because you hate gays, lesbians and transpeople. You are not a libertarian. Libertarians support the abolition of all restrictions of LGBT relationships- including the abolition of the Defense of Marriage Act. You claim to be a Libertarian because it hides your real agenda- which is the imposition of Christian Theocratic law on this nation. What Judge Cohen ordered is neither bizare, unconstitutional, unnatural or evil. In point of fact, the Supreme Court of the United States upheld his orders by refusing to get involved in this case on the side of Miller, or did you never catch that?
You are not angry about health care, national defense, taxation and marriage equality, Mr. James. You are upset that this nation is not following lock step behind your Theocratic beliefs. I find it hilarious how you Tea Baggers/Birthers/faux Libertarians/Theocratic Christians claim a majority. You could not even win in a Conservative Republican district this passed year. It is unlikely that your little movement is going to be able to bring the Republican Party to victory enough in November to win back the House and Senate. In fact, it is likely that the House will end up with only twenty-two Republicans taking the oath of office in 2011, and it may end up being a zero sum game in the Senate.
Devout Catholics do not even make up the majority of Catholics in this country, and the numbers of Catholics in this nation are dwindling because of the positions of Pope Benedict.
And, I find it rather funny that you believe that I’m attacking Representative Ford?! I am only reporting on the attacks against him, and on what his political positions are. I am hardly attacking him. If I was attacking him, I would sit here and say “he’s a moron who couldn’t win election to the Senate in Tennessee.” I just rate his possible victory to be incredibly low.
There are many Evangelical churches which are now supporting the LGBT Community, and the majority of people now say that homosexuality is not wrong, evil or a sin. The nation is split on marriage equality. Every recent election on the subject has been very close, and there have been some pretty interesting allegations of voting fraud on the part of those opposed to marriage rights, including I might add having priests bullying elderly in nursing homes to vote a particular way. The people who observed that refused to come forward because people like you stripped them of the protection to come forward for reporting these crimes without being fired.
I also find it rather funny that you did not counter me. Is it because I was too effective in countering your last point to me?
Mr. James, you are the one losing ground in this debate, not us. Your little Tea Party faux Libertarian movement is doing more damage to the long term survival of the Republican Party than you will ever admit. Sorry, bub, but not even all Tea Party groups are opposed to marriage equality and LGBT rights. Neither are all Catholics, Mormons are currently split, and Orthodox Judaism is finding itself grappling with the realization that their religious texts only ban anal intercourse.
Oh, and Marvin, if you have nothing to add to the conversation other than cheering, please do not post.
But you were having more then a bit of a problem there determining just what that name was…. or where those were your “roommates” having that problem?
Now my records show Tara Devine is the current GAL in this case… and the one who will be appearing at this motion hearing on the 22nd, so we will see what she has to say then, and while Ms. Kenny did argue last month to delay the custody transfer on the grounds that the switch could cause unnecessary hardship for Isabella if an appeal pending before a Virginia court succeeded, the Virgina court is dragging its feet, seemingly, because it does not want to deal with this case at all anymore and is hoping Vermont gets it figured out before they say a further word on this case. Who knows what Ms. Kenny will have to say this month now that the only one shown to be breaking the law and stealing children away at this point is Lisa Miller and the Thomas Roads Mob who are helping her hide out…. From my communication with folks in Rutland, everyone there is sick of Ms Miller, her Liberty lawyers and their games at this point.
As for beating up little old ladies the jury is still out on that one… as some have suggested, that incident was probably staged by “friends” of Watergate BS man and now prison preacher Chuck Colson… as yet another Astroturfed event to give him a something bad to write about the gays…. which really would fit with Colson’s past history…. do a site search on Chuck Colson… you will see we covered that one quite a while ago.
As far as stalking and harassing our opponents go… well…. as a teabagger… you should be careful with that displacement complex you have going on there and of throwing those stones in that glass house of yours…. because as the little shows you put on in August demonstrated to MILLIONS who saw them on television…. stalking and harassing opponents is far more a teabagger gig then it is an LGBT gig… and I have yet to see one LGBT activist on national television pulling that stunt, nor for that matter, has anyone else.
And when it come to invading churches…. the last one of those reported nationally, was by another “martyr for your cause”, Scott Roeder, when he invaded the church of Doctor George Tiller and shot him dead.
What you and your pitiful group of malcontented teabaggers are is a bunch of divisive self deluded freaks who will never get a legitimate candidate elected as a dog catcher in Minot, let a lone to an office of national significance and NY 23 showed everyone that…. Your “movement” will never really have much impact on the political scene because the American people see you are nothing but a bunch of ignorant and bigoted rednecked thugs throwing a temper tantrum over the fact a black man was elected president and who have shown time and again have no grasp on reality,decency or the truth…. your only real contribution so far has been to be good folder for some very funny Kieth Olbermann segments and a really good punchline to a potty joke by Rachel Maddow and Ana Marie Cox…
As for our Dem allies… I agree with you there… some have been a disappointment… But Kirsten Gillibrand, unlike Mr Ford, has consistently been there… on both LGBT and Woman rights… so we support those who support us.