Woman who fled the US more than a decade ago to retain custody of her child says her lawyer encouraged the escape

A Virginia woman who left the United States with her child for more than a decade to avoid sharing custody of her daughter with her ex-partner says her attorney suggested she flee. In a document filed May 19 as part of a lengthy lawsuit in Vermont federal court, Lisa Miller, who is leading the civil suit, explained what prompted her to leave the country with her then-seven-year-old daughter in September 2009 when it became clear that 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 filed a civil partnership in Vermont, the first statewide legal recognition of same-sex couples. Their daughter, Isabella, was born in 2002 to Miller’s son. The couple separated in 2003. The Vermont family court gave Miller custody of Isabella, but allowed Jenkins regular visits. Over the years, Miller failed to comply with court-ordered visits. When Miller filed for full custody, there were a number of legal decisions that went in favor of Jenkins against her. Miller said in her statement that during a meeting with attorney Rena Lindevaldsen in the summer of 2009 to discuss upcoming appeals in the legal case, Lindevaldsen said “something like… I’m going to take off my attorney’s hat and put on my friend’s hat now.” Lindevaldsen asked Miller then asked if he wanted to go, and “told me that if Isabella was her kid, she would go,” Miller said in the statement. “She pushed the issue, and I told her I would go if plans materialized, 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, with proceeds from a book about the case that Lindevaldsen planned to write. The book Only One Mommy was published in 2011. Lindevaldsen, who describes herself as an advocate of traditional marriage, is a law professor at Liberty University School of Law in Lynchburg, Virginia. Lindevaldsen’s biography on the school website states that she served as lead counsel for Liberty Counsel, who legally represented Miller until her disappearance. The lawyer describes himself as a Christian ministry known for promoting conservative causes. In September 2009, Miller left the United States by crossing the Peace Bridge in Buffalo, New York. Miller and her daughter were picked up on the Canadian side and taken to Toronto Airport for their flight to Nicaragua. Horatio G. Mihet, one of Lindevaldsen’s attorneys and vice president of legal affairs and general counsel for litigation at Liberty Counsel, denied Tuesday’s email that the conversation Miller reported took place: “Ms. Lindevaldsen and Liberty Counsel have always advised Lisa Miller that she has an obligation to comply with court orders,” Mihet said. “Lisa Miller’s decision to leave the country was made without the knowledge of either Ms Lindevaldsen or Liberty Counsel. Any claim to the contrary is utterly false.” Miller’s attorneys did not respond to a request for comment Wednesday.

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

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

The motion is the latest chapter in a more than two-decade legal saga that began in 2000 when Miller and Jenkins entered into a civil partnership in Vermont, the first statewide legal recognition of same-sex couples.

Their daughter Isabella was born to Miller in 2002. The couple separated in 2003. The Vermont family court gave Miller custody of Isabella, but allowed Jenkins regular visits. Over the years, Miller failed to comply with court-ordered visits. When Miller filed for sole custody, there were a number of legal decisions that went against her in favor of Jenkins.

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

Lindevaldsen then asked Miller about leaving and “told me that if Isabella was her kid, she would leave,” Miller said in the statement. “She pushed for it, and I told her I would go when plans materialized, but that no date was set yet.”

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 that Lindevaldsen planned to write. The book Only One Mommy was published in 2011.

Lindevaldsen, who describes herself as an advocate of traditional marriage, is a law professor at Liberty University School of Law in Lynchburg, Virginia. Lindevaldsen’s biography on the school’s website states that she served as lead counsel for Liberty Counsel, who legally represented Miller until her disappearance.

The council describes itself as a Christian ministry known for promoting conservative causes.

In September 2009, Miller left the United States by crossing the Peace Bridge in Buffalo, New York. Miller and her daughter were picked up on the Canadian side and taken to Toronto Airport for their flight to Nicaragua.

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

“MS. Lindevaldsen and Liberty Counsel have always advised Lisa Miller that she has an obligation to comply with court orders,” Mihet said. “Lisa Miller’s decision to leave the country was made without the knowledge of either Ms. Lindevaldsen or Liberty Counsel. Any claim to the contrary is utterly false.”

Miller’s attorneys did not respond to a request for comment Wednesday.