Congress, Stay Out of This One : It shouldn’t legislate a child custody dispute, however infamous

Congress may soon step into a matter best left to the courts--a child custody fight. Such disputes are often nasty, but few are as bad as the long war between Dr. Elizabeth Morgan and her ex-husband, Dr. Eric A. Foretich.

The couple’s daughter, now 13, and Morgan want to return to the United States from their self-imposed exile in New Zealand--but without obeying a judge’s order granting visitation rights to the father. Morgan says she is seriously ill and is concerned about her aging parents in the United States. Sympathy and compassion, however, should not be the only determining factors in this case.

The judge’s visitation rulings cannot be ignored unless Congress passes legislation stripping him of jurisdiction, and that would set a bad precedent. A solution that is something short of an act of Congress is needed in this matter.

The dispute began in 1985 when Morgan accused Foretich of molesting their daughter, then a toddler. When the custody battle went to court in Washington before Superior Court Judge Herbert B. Dixon Jr., he ruled that she had failed to prove the charges and he granted visitation rights to the father. To prevent the court-ordered visits, Morgan refused to produce the child. Held in contempt, she spent 25 months in jail and was freed only by an act of Congress.

Rep. Frank R. Wolf (R-Va.) sponsored that bill and now is pushing legislation that would allow the mother and daughter to return without abiding by Dixon’s order. Wolf’s intentions are honorable, but that does not make what he is doing right. Congress should not legislate one family’s custody dispute.

The father believes Wolf’s bill is unconstitutional and would abridge his rights. If he wants to avoid this legislative blow, Foretich should again seek remedy in the courts. Also, he should listen to his daughter. She is now a teenager, so her voice should carry much greater influence in any decision over her life. Must this messy case rule her life until she is legally an adult?

The best interest of a child should dictate the resolution of any custody dispute. Living abroad with an ill mother who is worrying about the consequences of returning home cannot be what is best for Ellen Morgan. The youngster wants to attend high school in America. Shouldn’t she be able to do that without an act of Congress?