The two had a bitter falling-out after one became an evangelical Christian and denounced the other continuous "homosexual lifestyle."
Their legal battle over the right to visit and child, done over the past seven years in the courts of Vermont and Virginia, received a high profile because of the clashes on sexual orientation and religion, and because it raises questions about the rights of non-biological parents in same-sex unions that are not recognized in many States.
Lisa biological Miller, mother of the girl and a staunch newly Baptiste, was defended by the conservatives for his efforts to protect her daughter of homosexuality. A Vermont court had granted primary custody of the daughter, Isabella Ruth Miller-Jenkins, after Ms. Miller split with his partner, Janet Jenkins, in 2003. But the Court also said Ms. Jenkins is a legal parent with rights of liberal visit, and Ms. Miller, who had moved with the girl in Virginia, challenged orders repeated to allow visits.
The case took a turn at the end of 2009, as the Vermont family court, citing non-compliance of Ms. Miller, moved primary custody to Ms. Jenkins. Ms. Miller and Isabelle, who is now 9, disappeared. A warrant was issued for the arrest of Ms. Miller, and they have not been heard from since.
An F.B.I. affidavit unsealed Thursday in Vermont, Pasteur, Timothy David Miller, Crossville, Tennessee, helped to organize in September 2009 for Ms. Miller and Isabelle to steal from the Canada to the Mexico and travel to the Nicaraguawhere he worked as a missionary for Christian Aid ministries. (The F.B.I. said he had no evidence that Mr. Miller and Lisa Miller were related).
Ms. Miller and Isabelle stayed in a Beach House in Nicaragua, which is owned by a conservative businessman with close ties to Liberty University, an evangelical school in Lynchburg, Virginia, and whose daughter works at the Faculty of law of the University, according to the affidavit of.
Advocates of freedom, including the Dean of the Faculty of law, Mathew d. Staver, representing Ms. Miller in calls to the Court on the questions of custody. They have argued, unsuccessfully, that Ms. Jenkins had no parental rights and that in Virginia, laws that prohibit same-sex unions, should prevail over those in Vermont.
Friday, Mr. Staver said the legal team has had no contact with Ms. Miller since the fall of 2009 and still had advised him to obey the law. He said that he knew nothing about the charges involving an office assistant of law school, Victoria Hyden and the owner of his father Philip Zodhiates, the Beach House.
Mr. Zodhiates runs unlimited response, a Christian mail company in Waynesboro, Virginia. He has not responded to requests for comment, but Friday he told the magazine The Advocate that the couple lived in his house in the Nicaragua and called the charges "absurd."
Ms. Miller and Ms. Jenkins were joined in a civil union in Vermont in 2000 and planned raise a child together. Isabelle was designed by insemination artificial and born to Mrs. Miller in 2002, with Mrs. Jenkins present at birth. But parents relations strained in the following year. Ms. Miller moved with Isabella, Virginia, became deeply involved with a Baptist Church and waived homosexuality. A Court of Vermont civil union dissolved but treated Ms. Jenkins as a full parent with visiting rights.
Over time, Ms. Miller began to refuse to allow the visits required, among other things that oppose "Homosexual Lifestyle" of Ms. Jenkins would go against the religious beliefs of Isabella. At one point, a court in Virginia, which does not recognize same-sex unions, agreed with Ms. Miller's claim to be the only legal parent, but finally, the Supreme Court of Virginia has confirmed that the decisions of Vermont should prevail.
Last June, according to the affidavit of the Federal Bureau of Investigation, a non-designated person unnamed called one of the lawyers of Ms. Jenkins, Sarah Star and said Ms. Star that the mother and daughter were hidden in the Nicaraguan home of Dr. Zodhiates. Much of the evidence in support of criminal charges and other charges, the affidavit said, was obtained through illegal excavations, approved mail accounts to the Court, discover the Mr. Miller messages that appear to organise the mother and daughter 2009 flight to the Nicaragua and Mr. Zodhiates organize send them supplies.
Friday, Ms. Jenkins published a statement by Gay & Lesbian advocates & defenders, a group of rights in Boston has also represented in the Court.
He said "I little knowledge at this point, but I really hope that this means that Isabella is safe and well". "I am pleased to have my safe house daughter with me very quickly."
The Attorney for the United States for Vermont, Tristram Coffin, said the Rutland Herald newspaper that Mr Miller was arrested Monday night in Virginia and was to appear before the Federal District Court in Burlington Monday. Officials refused to say if others can be arrested or what steps they take to find Ms. Miller, who faces criminal charges, and Isabelle, who, in current decisions, should be in the primary care of Ms. Jenkins, with the rights of visit of Ms. Miller.
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