NATION : Mother to Get Passport Back So She Can Fight N.Z. Custody Suit

Dr. Elizabeth Morgan, involved in an international custody battle over her daughter Hilary, can have her passport back so she can go to New Zealand to fight a lawsuit filed by her former husband, a judge ruled today.

However, the passport is in the possession of the city’s Court of Appeals and Judge Herbert Dixon of District of Columbia Superior Court said he could not order that court to return the document.

Officials at the appeals court said they expect motions on the case later today.

Elaine Mittleman, an attorney for Dr. Eric Foretich, Morgan’s former husband and Hilary’s father, said she will oppose release of the passport.

Dixon said he was satisfied that the return of the passport was “in the best interests” of 7-year-old Hilary. The girl, who has been living with her maternal grandparents in Christchurch, New Zealand, was the subject of a 2 1/2-year search by her father. Her whereabouts became known Friday.