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The '''Elizabeth Morgan case''' was a high-publicized child custody struggle initially located in Washington D.C. and later in New Zealand. Over 1000 news articles were published on it. It cost the litigants in attorneys fees, expert witness and court costs etc. a combined total of over $4 million. As the struggle stretched out over many years and beyond the borders of the USA, it involved two [[Act of Congress|Acts of Congress]].<ref>Carbone, June and Harris, Leslie J., 2007, "Family Law Armageddon", Chapter in "Family Law Stories" Sanger, Carol, ISBN 1599410206 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=983770 </ref><ref>http://www.laweekly.com/news/morgan-vs-foretich-twenty-years-later-2158156</ref>

The '''Elizabeth Morgan case''' was a high-publicized child custody struggle initially located in Washington D.C. and later in New Zealand. Over 1000 news articles were published on it. It cost the litigants in attorneys fees, expert witness and court costs etc. a combined total of over $4 million. As the struggle stretched out over many years and beyond the borders of the USA, it involved two [[Act of Congress|Acts of Congress]].<ref>Carbone, June and Harris, Leslie J., 2007, "Family Law Armageddon", Chapter in "Family Law Stories" Sanger, Carol, ISBN 1599410206 https://papers.ssrn.com/sol3/papers.cfm?abstract_id=983770</ref><ref>http://www.laweekly.com/news/morgan-vs-foretich-twenty-years-later-2158156</ref>

Elizabeth Morgan was later involved in the [[Elsa Newman case]].

Elizabeth Morgan was later involved in the [[Elsa Newman case]].

==Further reading==

==Further reading==

* Creeden, Sharon, 1999, ''In Full Bloom: Tales of Women in Their Prime'', August House, ISBN 9780874835762 , Chap. 3: Protecting Our Daughters, pp. 31-38

* Creeden, Sharon, 1999, ''In Full Bloom: Tales of Women in Their Prime'', August House, ISBN 9780874835762 , Chap. 3: Protecting Our Daughters, pp. 31-38

* Groner, Jonathan, 1991, ''Hilary's Trial: The Elizabeth Morgan Case : A Child's Ordeal in America's Legal System'', ISBN: 978-0671691769

* Groner, Jonathan, 1991, ''Hilary's Trial: The Elizabeth Morgan Case : A Child's Ordeal in America's Legal System'', ISBN 978-0671691769

==Notes==

==Notes==

Elizabeth and Antonia together left Foretich in early August and their daughter Hilary was born August 21, 1982. Morgan filed for divorce in Haiti in November. On March 11, 1983, Morgan filed for custody of Hilary.

Elizabeth and Antonia together left Foretich in early August and their daughter Hilary was born August 21, 1982. Morgan filed for divorce in Haiti in November. On March 11, 1983, Morgan filed for custody of Hilary.

By August 1983, her father, William Morgan , first suggested that Foretich might be sexually abusing Hilary. William was first to suggest abuse. Morgan at first resisted such suggestions that sexual abuse was involved when the only evidence was what appeared to be diaper rash, but she later agreed with her father.

By August 1983, her father, William Morgan, first suggested that Foretich might be sexually abusing Hilary. William was first to suggest abuse. Morgan at first resisted such suggestions that sexual abuse was involved when the only evidence was what appeared to be diaper rash, but she later agreed with her father.

After a trial in November 1985, the judge awarded custody to Morgan and overnight visitation rights to Foretich. In 1985, Morgan accused Foretich of sexually abusing Hilary and started another custody case. The primary psychologist on each side in the ensuing cases, Mary Froning and Elissa Benedek had different fears: Froning claimed to fear for Hilary’s safety but Benedek claimed to fear for her own safety when dealing with Morgan.

After a trial in November 1985, the judge awarded custody to Morgan and overnight visitation rights to Foretich. In 1985, Morgan accused Foretich of sexually abusing Hilary and started another custody case. The primary psychologist on each side in the ensuing cases, Mary Froning and Elissa Benedek had different fears: Froning claimed to fear for Hilary’s safety but Benedek claimed to fear for her own safety when dealing with Morgan.

===Hiding Hilary and jail===

===Hiding Hilary and jail===

After other inconclusive motions and appeals, the presiding family court judge, Herbert Dixon , in 1987 ordered unsupervised visitation for Foretich. Dixon then found Morgan to be in contempt of court and in August 1987 sent her to jail.

After other inconclusive motions and appeals, the presiding family court judge, Herbert Dixon, in 1987 ordered unsupervised visitation for Foretich. Dixon then found Morgan to be in contempt of court and in August 1987 sent her to jail.

Morgan had sent Hilary into hiding with her parents, who had remarried. The grandparents and child fled the USA, traveled to several places around the world and settled in 1988 in Christchurch, New Zealand. Hilary’s name was changed to Ellen Morgan.

Morgan had sent Hilary into hiding with her parents, who had remarried. The grandparents and child fled the USA, traveled to several places around the world and settled in 1988 in Christchurch, New Zealand. Hilary’s name was changed to Ellen Morgan.

In 2002, Morgan was involved as a consultant in another controversial child custody case.

In 2002, Morgan was involved as a consultant in another controversial child custody case.

Elsa Newman , an attorney, was in a custody fight with her husband, Arlen Slobodow. Concerned that Newman represented a flight risk, Judge S. Michael Pincus said, “I don’t want another Elizabeth Morgan case in my courtroom.” According to an online Washingtonian article, Newman did in fact consult Morgan.

Elsa Newman, an attorney, was in a custody fight with her husband, Arlen Slobodow. Concerned that Newman represented a flight risk, Judge S. Michael Pincus said, “I don’t want another Elizabeth Morgan case in my courtroom.” According to an online Washingtonian article, Newman did in fact consult Morgan.

When Newman sought her advice, Morgan responded in e-mail: “I don’t have the answers. I only know the choices, which are grim: Give in and accept the incest, kill the abuser, or grab the kids and run.”

When Newman sought her advice, Morgan responded in e-mail: “I don’t have the answers. I only know the choices, which are grim: Give in and accept the incest, kill the abuser, or grab the kids and run.”

In her own words Morgan said publicly that “Osama bin Laden had nothing to teach me about evil on September 11.”

In her own words Morgan said publicly that “Osama bin Laden had nothing to teach me about evil on September 11.”

In 2005, Morgan moved to Los Angeles to be with Hilary (now known as Elena Mitrano). Ellen Morgan changed her name again, this time to Elena Mitrano and became a singer with music focusing on abuse issues. In September of 2005, Dr. Morgan moved her practice to Los Angeles to spend more time with Elena.

In 2005, Morgan moved to Los Angeles to be with Hilary (now known as Elena Mitrano). Ellen Morgan changed her name again, this time to Elena Mitrano and became a singer with music focusing on abuse issues. In September 2005, Dr. Morgan moved her practice to Los Angeles to spend more time with Elena.

Foretich lives with his fourth wife and their two boys.

Foretich lives with his fourth wife and their two boys.

Many older titles and article leads are available

Many older titles and article leads are available

Morgan and Froning published an article about how sexual abuse might lead to a improper desire for cosmetic surgery of some sort:

Morgan and Froning published an article about how sexual abuse might lead to an improper desire for cosmetic surgery of some sort:

Morgan, Elizabeth M.D.; Froning, Mary L. Psy.D.; Summit, Roland C. M.D.

Morgan, Elizabeth M.D.; Froning, Mary L. Psy.D.; Summit, Roland C. M.D.

https://books.google.com/books?id=M-Py-cgkhjQC&pg=PA23

https://books.google.com/books?id=M-Py-cgkhjQC&pg=PA23

Recent photos of relatives/reunion in Hawaii: Pic 1 , Pic 2

Recent photos of relatives/reunion in Hawaii: Pic 1, Pic 2

http://picasaweb.google.com/lh/photo/hPZp-GTQfrAsADVHX6oILg

http://picasaweb.google.com/lh/photo/hPZp-GTQfrAsADVHX6oILg

http://picasaweb.google.com/lh/photo/wl1Ckp4woaDhKZQpDk5zMA

http://picasaweb.google.com/lh/photo/wl1Ckp4woaDhKZQpDk5zMA

===Second Congressional Intervention===

===Second Congressional Intervention===

”’The Elizabeth Morgan Act”’ was an act of Congress, as a rider , on behalf of Elizabeth Morgan. This was a second act of Congress in which Morgan’s case was mentioned during the deliberations. The first had been a modification of local D.C. law. The act allowed Morgan and her daughter, Ellen, to return to the United States without having to share custody of Ellen with the girl’s father, Dr. Eric A. Foretich. The act was overturned in 2003 only after Ellen had reached adulthood as a rare bill of attainder .

”’The Elizabeth Morgan Act”’ was an act of Congress, as a rider, on behalf of Elizabeth Morgan. This was a second act of Congress in which Morgan’s case was mentioned during the deliberations. The first had been a modification of local D.C. law. The act allowed Morgan and her daughter, Ellen, to return to the United States without having to share custody of Ellen with the girl’s father, Dr. Eric A. Foretich. The act was overturned in 2003 only after Ellen had reached adulthood as a rare bill of attainder .

http://en.wikipedia.org/wiki/Bill_of_attainder

http://en.wikipedia.org/wiki/Bill_of_attainder

===Unconstitutionality===

===Unconstitutionality===

Foretich claimed that the damage to his reputation from the Act reduced his professional practice in the D.C. area and made it difficult for him to find comparable work anywhere else in the nation. He dropped all further attempts to gain visitation and focused on the undoing of the Act. On 2003-12-16, the United States Court of Appeals for the D.C. circuit ruled that the Elizabeth Morgan Act was unconstitutional, as it was a rare bill of attainder, but the decision was moot as Ellen was no longer a minor . In finding that it was a bill of attainder, the Court’s logic was that the Bill was not about the Morgans but about Dr. Foretich and that it penalized him. Precedent had established that only bills which penalize a party can be found to be a bill of attainder. Jonathan Turley , a George Washington University law professor who represented the Foretich family, said the government will have to pay for legal fees in the case—about $1.5 million. He added, “I would hope this would be the final chapter, but such hopes have been dashed many times in the case.” He also said in a ” USA Today ” editorial in March 2005): “The bill negated 10 years of orders in the husband’s favor and effectively labeled him a danger to his daughter.” Comparisons regarding congressional intervention in the judicial system can be drawn between the Elizabeth Morgan Act and the Palm Sunday Compromise of the recent Terri Schiavo case .

Foretich claimed that the damage to his reputation from the Act reduced his professional practice in the D.C. area and made it difficult for him to find comparable work anywhere else in the nation. He dropped all further attempts to gain visitation and focused on the undoing of the Act. On 2003-12-16, the United States Court of Appeals for the D.C. circuit ruled that the Elizabeth Morgan Act was unconstitutional, as it was a rare bill of attainder, but the decision was moot as Ellen was no longer a minor . In finding that it was a bill of attainder, the Court’s logic was that the Bill was not about the Morgans but about Dr. Foretich and that it penalized him. Precedent had established that only bills which penalize a party can be found to be a bill of attainder. Jonathan Turley, a George Washington University law professor who represented the Foretich family, said the government will have to pay for legal fees in the case—about $1.5 million. He added, “I would hope this would be the final chapter, but such hopes have been dashed many times in the case.” He also said (in a ” USA Today ” editorial in March 2005): “The bill negated 10 years of orders in the husband’s favor and effectively labeled him a danger to his daughter.” Comparisons regarding congressional intervention in the judicial system can be drawn between the Elizabeth Morgan Act and the Palm Sunday Compromise of the recent Terri Schiavo case .

http://en.wikipedia.org/wiki/Jonathan_Turley

http://en.wikipedia.org/wiki/Jonathan_Turley

http://www.backlash.com/content/gender/1996/10-oct96/afc09.html

http://www.backlash.com/content/gender/1996/10-oct96/afc09.html

Jonathan Groner , 2003-12-29

Jonathan Groner, 2003-12-29

http://web.archive.org/web/20070930204310/http://www.law.com/jsp/article.jsp?id=1071719744487

http://web.archive.org/web/20070930204310/http://www.law.com/jsp/article.jsp?id=1071719744487