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Home Local NNY News

Woman who fled US to keep child custody more than a decade ago says her lawyer encouraged flight

May 25, 2023
in Local NNY News
Woman who fled US to keep child custody more than a decade ago says her lawyer encouraged flight
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A Virginia woman who left the United States for more than a decade with her child to avoid sharing custody of her daughter with her former partner says her lawyer suggested she flee.In a document filed May 19 in federal court in Vermont as part of a long-running civil case, Lisa Miller outlined what led her to leave the country in September 2009 with her then 7-year-old daughter when it was becoming clear she would lose custody of the girl to her former partner Janet Jenkins of Fair Haven, Vermont.The filing is the latest chapter in a more than two-decade-long legal saga that began in 2000 when Miller and Jenkins were joined in a Vermont civil union, the first statewide legal recognition of same-sex couples.Their daughter, Isabella, was born to Miller in 2002. The couple split up in 2003. The Vermont family court gave custody of Isabella to Miller, but gave Jenkins regular visitation. Over the years Miller wouldn’t comply with the court ordered visitations. There were a series of legal decisions as Miller sought full custody that went against her in favor of Jenkins.Miller said in her statement that during a summer 2009 meeting with attorney Rena Lindevaldsen to discuss upcoming appeals in the legal case, Lindevaldsen said “something like I am going to take my lawyer hat off now and put on my friend hat.”Lindevaldsen then asked Miller about leaving, “telling me that if Isabella was her child then she would leave,” Miller said in the statement. “She pressed the issue, and I told her that I was leaving if plans would solidify but that no date was set.”At the end of the meeting Miller said Lindevaldsen offered to take care of her financial needs after she left using proceeds from a book about the case Lindevaldsen was planning to write. The book, “Only One Mommy,” was published in 2011.Lindevaldsen, who describes herself as a defender of traditional marriage, is a law professor at the Liberty University School of Law in Lynchburg, Virginia. Lindevaldsen’s biography on the school website says she served as the senior litigation counsel to Liberty Counsel, which had provided legal representation to Miller until her disappearance.The counsel describes itself as a Christian ministry that is known for promoting conservative causes.In September 2009, Miller left the United States by crossing the Peace Bridge at Buffalo, New York. Miller and her daughter were picked up on the Canadian side and taken to the Toronto airport where they flew to Nicaragua.Horatio G. Mihet, who is one of Lindevaldsen’s attorneys and vice president of legal affairs and chief litigation counsel at Liberty Counsel, denied in an email on Tuesday that the conversation Miller recounted took place.“Ms. Lindevaldsen and Liberty Counsel consistently advised Lisa Miller that she had an obligation to comply with the court orders,” Mihet said. “Lisa Miller’s decision to leave the country was without the knowledge of Ms. Lindevaldsen or Liberty Counsel. Any suggestion to the contrary is outright false.”Miller’s attorneys didn’t respond Wednesday to a request for comment.

A Virginia woman who left the United States for more than a decade with her child to avoid sharing custody of her daughter with her former partner says her lawyer suggested she flee.

In a document filed May 19 in federal court in Vermont as part of a long-running civil case, Lisa Miller outlined what led her to leave the country in September 2009 with her then 7-year-old daughter when it was becoming clear she would lose custody of the girl to her former partner Janet Jenkins of Fair Haven, Vermont.

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The filing is the latest chapter in a more than two-decade-long legal saga that began in 2000 when Miller and Jenkins were joined in a Vermont civil union, the first statewide legal recognition of same-sex couples.

Their daughter, Isabella, was born to Miller in 2002. The couple split up in 2003. The Vermont family court gave custody of Isabella to Miller, but gave Jenkins regular visitation. Over the years Miller wouldn’t comply with the court ordered visitations. There were a series of legal decisions as Miller sought full custody that went against her in favor of Jenkins.

Miller said in her statement that during a summer 2009 meeting with attorney Rena Lindevaldsen to discuss upcoming appeals in the legal case, Lindevaldsen said “something like I am going to take my lawyer hat off now and put on my friend hat.”

Lindevaldsen then asked Miller about leaving, “telling me that if Isabella was her child then she would leave,” Miller said in the statement. “She pressed the issue, and I told her that I was leaving if plans would solidify but that no date was set.”

At the end of the meeting Miller said Lindevaldsen offered to take care of her financial needs after she left using proceeds from a book about the case Lindevaldsen was planning to write. The book, “Only One Mommy,” was published in 2011.

Lindevaldsen, who describes herself as a defender of traditional marriage, is a law professor at the Liberty University School of Law in Lynchburg, Virginia. Lindevaldsen’s biography on the school website says she served as the senior litigation counsel to Liberty Counsel, which had provided legal representation to Miller until her disappearance.

The counsel describes itself as a Christian ministry that is known for promoting conservative causes.

In September 2009, Miller left the United States by crossing the Peace Bridge at Buffalo, New York. Miller and her daughter were picked up on the Canadian side and taken to the Toronto airport where they flew to Nicaragua.

Horatio G. Mihet, who is one of Lindevaldsen’s attorneys and vice president of legal affairs and chief litigation counsel at Liberty Counsel, denied in an email on Tuesday that the conversation Miller recounted took place.

“Ms. Lindevaldsen and Liberty Counsel consistently advised Lisa Miller that she had an obligation to comply with the court orders,” Mihet said. “Lisa Miller’s decision to leave the country was without the knowledge of Ms. Lindevaldsen or Liberty Counsel. Any suggestion to the contrary is outright false.”

Miller’s attorneys didn’t respond Wednesday to a request for comment.

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