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| − | The '''Elizabeth Morgan case''' was a highly publicized child custody struggle initially located in Washington D.C. and later in New Zealand. The legal struggle was between Jean Elizabeth Morgan and Eric A. Foretich. 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 highly publicized child custody struggle initially located in Washington D.C. and later in New Zealand. The legal struggle was between Jean Elizabeth Morgan and Eric A. Foretich. 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 US, 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> |
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| − | It was Morgan’s father who first suggested that Foretich might be abusing Hilary. When Hilary was less than a year old, he insisted that Morgan take her to the emergency room to be examined for sexual abuse because her thighs were red when she returned | + | It was Morgan's father who first suggested that Foretich might be abusing Hilary. When Hilary was less than a year old, he insisted that Morgan take her to the emergency room to be examined for sexual abuse because her thighs were red when she returned |
| − | from an overnight visit. The doctor on duty diagnosed diaper rash. Morgan initially rejected her father’s suspicions, but by January 1985, when Hilary was two-and-a-half, she too had begun to allege that Foretich was sexually abusing Hilary and on that ground sought to reduce or eliminate his visitation rights. | + | from an overnight visit. The doctor on duty diagnosed diaper rash. Morgan initially rejected her father's suspicions, but by January 1985, when Hilary was two-and-a-half, she too had begun to allege that Foretich was sexually abusing Hilary and on that ground sought to reduce or eliminate his visitation rights. |
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| − | The U.S. Congress intervened twice to see that the existing laws did not apply to Elizabeth Morgan. Once in 1989 and again in 1996. After being freed on September 25, 1989, Morgan traveled to New Zealand and rejoin Hilary and the grandparents. Foretich searched and was able to locate Hilary in Christchurch in February 1990. After attempting to resume the custody struggle under New Zealand law, Foretich gave up, in part because of the financial burden of pursuing the matter. Morgan and family returned to the USA in 1997 after the second congressional intervention, freed of Judge [[Herbert B. Dixon, Jr.]]'s jurisdiction in DC family court. | + | The U.S. Congress intervened twice to see that the existing laws did not apply to Elizabeth Morgan. Once in 1989 and again in 1996. After being freed on September 25, 1989, Morgan traveled to New Zealand and rejoin Hilary and the grandparents. Foretich searched and was able to locate Hilary in Christchurch in February 1990. After attempting to resume the custody struggle under New Zealand law, Foretich gave up, in part because of the financial burden of pursuing the matter. Morgan and family returned to the US in 1997 after the second congressional intervention, freed of Judge [[Herbert B. Dixon, Jr.]]'s jurisdiction in DC family court. |
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| | Elizabeth Morgan was later involved in the [[Elsa Newman case]]. | | Elizabeth Morgan was later involved in the [[Elsa Newman case]]. |
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| | ===Media coverage before Hilary=== | | ===Media coverage before Hilary=== |
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| − | Morgan was the medical columnist for Cosmopolitan Magazine from March 1973 to March 1980 under Helen Gurley Brown’s editorship. | + | Morgan was the medical columnist for Cosmopolitan Magazine from March 1973 to March 1980 under Helen Gurley Brown's editorship. |
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| − | Morgan, as a surgeon in Washington, D.C., in 1980 published a successful book titled ”The Making of a Woman Surgeon”, which recounted the rigors of her training in this predominantly male profession. The publication of the book was covered by Reader’s Digest. Morgan wrote the ”Reader’s Digest” article, “Give the Lady a Knife”; the title was presented as having been said by a male surgeon. She would later appear on the cover of People magazine and at about the same time in a Life Magazine article with an extensive set of photos. Her story was also covered in the June 1990 edition of Vanity Fair Magazine as the “Elizabeth Morgan case”. | + | Morgan, as a surgeon in Washington, D.C., in 1980 published a successful book titled ”The Making of a Woman Surgeon”, which recounted the rigors of her training in this predominantly male profession. The publication of the book was covered by Reader's Digest. Morgan wrote the ”Reader’s Digest” article, “Give the Lady a Knife”; the title was presented as having been said by a male surgeon. She would later appear on the cover of People magazine and at about the same time in a Life Magazine article with an extensive set of photos. Her story was also covered in the June 1990 edition of Vanity Fair Magazine as the “Elizabeth Morgan case”. |
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| | ”The Making of a Woman Surgeon” (Putnam Publishing Group, 1980) ISBN 039912361X. | | ”The Making of a Woman Surgeon” (Putnam Publishing Group, 1980) ISBN 039912361X. |
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| | Morgan had already published a book entitled The Making of a Woman Surgeon and was the medical columnist for Cosmopolitan magazine from March 1973 to March 1980. | | Morgan had already published a book entitled The Making of a Woman Surgeon and was the medical columnist for Cosmopolitan magazine from March 1973 to March 1980. |
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| − | Morgan first met Foretich in 1981 at the hospital where they both were on the staff. Foretich’s second marriage was breaking up at the time; after dating Foretich for a two months, Morgan became pregnant, and the two flew to Haiti and were married. | + | Morgan first met Foretich in 1981 at the hospital where they both were on the staff. Foretich's second marriage was breaking up at the time; after dating Foretich for a two months, Morgan became pregnant, and the two flew to Haiti and were married. |
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| | When Morgan moved in with Foretich, she brought her mother Antonia Morgan along to live with them. Elizabeth and Antonia spent many nights locked in the upstairs bathroom just talking as Elizabeth's pregnancy progressed. | | When Morgan moved in with Foretich, she brought her mother Antonia Morgan along to live with them. Elizabeth and Antonia spent many nights locked in the upstairs bathroom just talking as Elizabeth's pregnancy progressed. |
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| | By August 1983, her father, William Morgan, first suggested that Foretich might be sexually abusing Hilary. 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. 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. |
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| − | 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. Froning had over 70 sessions with Hilary over a period of 18 months. | + | 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. Froning had over 70 sessions with Hilary over a period of 18 months. |
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| | http://www.maryfroningpsyd.com/ | | http://www.maryfroningpsyd.com/ |
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| | http://journals.lww.com/plasreconsurg/Citation/1990/09000/Child_Sexual_Abuse_Sequelae_and_Body_Image_Surgery.16.aspx | | http://journals.lww.com/plasreconsurg/Citation/1990/09000/Child_Sexual_Abuse_Sequelae_and_Body_Image_Surgery.16.aspx |
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| − | In 1986, Morgan even accused both of Foretich’s parents of sexually assaulting Hilary. | + | In 1986, Morgan even accused both of Foretich's parents of sexually assaulting Hilary. |
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| | *The Public War over a Child Ugly | | *The Public War over a Child Ugly |
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| | https://www.amazon.com/Custody-Story-Elizabeth-Morgan-1986-02-01/dp/B01K3NL66K | | https://www.amazon.com/Custody-Story-Elizabeth-Morgan-1986-02-01/dp/B01K3NL66K |
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| − | Another Morgan expert, psychiatrist David Corwin, spent over 200 hours evaluating Hilary’s case. After a trial, a jury found in favor of Foretich and his parents. Around this time, Foretich’s daughter from another marriage also said she was sexually abused by her father. Her therapist advised not to let the other daughter to see Dr. Foretich. In the subsequent TV movie (see below) of the case, the daughter’s name was “Hayley.” | + | Another Morgan expert, psychiatrist David Corwin, spent over 200 hours evaluating Hilary's case. After a trial, a jury found in favor of Foretich and his parents. Around this time, Foretich's daughter from another marriage also said she was sexually abused by her father. Her therapist advised not to let the other daughter to see Dr. Foretich. In the subsequent TV movie (see below) of the case, the daughter's name was “Hayley.” |
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| | http://www.psych.med.umich.edu/alumni/profile/elissa-benedek.asp | | http://www.psych.med.umich.edu/alumni/profile/elissa-benedek.asp |
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| | 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. |
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| − | 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 US, traveled to several places around the world and settled in 1988 in Christchurch, New Zealand. Hilary's name was changed to Ellen Morgan. |
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| − | For the next two years, Morgan’s incarceration received a great deal of publicity. She convinced famous and influential people, including Charles Colson that she did not belong in jail. Morgan’s legal expenses approached $1 million. A great deal of press coverage ensued. In August 1989 a reporter sympathetic to Foretich wrote, “a media-savvy Elizabeth Morgan is winning in jail what she couldn’t win in the courts – the public relations battle to have Hilary’s father presumed guilty.” Morgan would be released in September 1989 by an act of Congress. | + | For the next two years, Morgan's incarceration received a great deal of publicity. She convinced famous and influential people, including Charles Colson that she did not belong in jail. Morgan's legal expenses approached $1 million. A great deal of press coverage ensued. In August 1989 a reporter sympathetic to Foretich wrote, “a media-savvy Elizabeth Morgan is winning in jail what she couldn’t win in the courts – the public relations battle to have Hilary’s father presumed guilty.” Morgan would be released in September 1989 by an act of Congress. |
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| | Morgan then went to New Zealand to join her parents and "Ellen Morgan". Unable to practice medicine, she studied for and obtain a PhD in psychology. | | Morgan then went to New Zealand to join her parents and "Ellen Morgan". Unable to practice medicine, she studied for and obtain a PhD in psychology. |
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| | ===Jailing=== | | ===Jailing=== |
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| − | Dr. Morgan had been incarcerated by Herbert B. Dixon, Jr. for contempt of court in her custody dispute. Since she showed no signed of obeying Dixon’s orders, she seems destined to remain in jail indefinitely. For the next two years, Morgan’s incarceration received a great deal of publicity. In much of it she was portrayed as a model prisoner, and a woman of fortitude. Chuck Colson visited her in jail and she convinced him that Dr. Foretich had sexually abused Hillary. Colson had a wide array of powerful Republican, conservative and religious connections at his disposal and used them. Morgan and Colson convinced many famous and influential people came to believe in Morgan’s accustaions and this effort lead to the passage of the Act. As Richard Doyle put in 2002 in his web blog entitled “Conservative Blunders”: : | + | Dr. Morgan had been incarcerated by Herbert B. Dixon, Jr. for contempt of court in her custody dispute. Since she showed no signed of obeying Dixon's orders, she seems destined to remain in jail indefinitely. For the next two years, Morgan's incarceration received a great deal of publicity. In much of it she was portrayed as a model prisoner, and a woman of fortitude. Chuck Colson visited her in jail and she convinced him that Dr. Foretich had sexually abused Hillary. Colson had a wide array of powerful Republican, conservative and religious connections at his disposal and used them. Morgan and Colson convinced many famous and influential people came to believe in Morgan's accustaions and this effort lead to the passage of the Act. As Richard Doyle put in 2002 in his web blog entitled “Conservative Blunders”: : |
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| | “”I can understand liberal columnists going ga-ga over the celebrated Ms. Elizabeth Morgan and the fawning articles in such pop magazines as Glamour and People. What troubles me is that several normally sensible conservatives did likewise, e.g. Charles (Chuck) Colson, James Dobson, Sen. Orrin Hatch, Sen. John Heinz, Lt. Col. Oliver North (although he merely attended a party and said “God Bless”) and H Ross Perot. Strange bedfellows, indeed. Then, in a monument to political pandering to public ignorance, Galahads in Congress unanimously passed and President Bush, the elder, signed a bill freeing this demonstrably prevaricating maternal child molester. Republican Rep. Tom Davis sponsored a bill to let her bring her daughter back from New Zealand without facing the consequences of her defiance of the court.”” | | “”I can understand liberal columnists going ga-ga over the celebrated Ms. Elizabeth Morgan and the fawning articles in such pop magazines as Glamour and People. What troubles me is that several normally sensible conservatives did likewise, e.g. Charles (Chuck) Colson, James Dobson, Sen. Orrin Hatch, Sen. John Heinz, Lt. Col. Oliver North (although he merely attended a party and said “God Bless”) and H Ross Perot. Strange bedfellows, indeed. Then, in a monument to political pandering to public ignorance, Galahads in Congress unanimously passed and President Bush, the elder, signed a bill freeing this demonstrably prevaricating maternal child molester. Republican Rep. Tom Davis sponsored a bill to let her bring her daughter back from New Zealand without facing the consequences of her defiance of the court.”” |
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| | https://en.wikipedia.org/wiki/Stanford_Parris | | https://en.wikipedia.org/wiki/Stanford_Parris |
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| − | Bob McEwen(compares Dixon actions against Morgan’s brother, Robert toTiananmen Square. ) | + | Bob McEwen(compares Dixon actions against Morgan's brother, Robert toTiananmen Square. ) |
| | https://en.wikipedia.org/wiki/Bob_McEwen | | https://en.wikipedia.org/wiki/Bob_McEwen |
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| | ===Second Congressional Intervention=== | | ===Second Congressional Intervention=== |
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| − | Having previously passed the District of Columbia Civil Contempt Imprisonment Limitation Act (see above),Congress was persuaded to pass yet another law on Dr. Morgan’s behalf. By 1995, Morgan, who had fled to New Zealand with Ellen and other relatives, had developed cancer . Ellen, then 13, indicated to Rep. Thomas M. Davis that she wanted to return to the U.S. In September 1996, Davis sponsored the Elizabeth Morgan Act as a rider on a major transportation bill. While this new legislation was worded to focus on Ellen’s needs, it effectively shielded Morgan from all of the judicial custody orders that were still in force, and the Morgans returned to the U.S in 1997. | + | Having previously passed the District of Columbia Civil Contempt Imprisonment Limitation Act (see above),Congress was persuaded to pass yet another law on Dr. Morgan's behalf. By 1995, Morgan, who had fled to New Zealand with Ellen and other relatives, had developed cancer . Ellen, then 13, indicated to Rep. Thomas M. Davis that she wanted to return to the U.S. In September 1996, Davis sponsored the Elizabeth Morgan Act as a rider on a major transportation bill. While this new legislation was worded to focus on Ellen's needs, it effectively shielded Morgan from all of the judicial custody orders that were still in force, and the Morgans returned to the U.S in 1997. |
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| | https://en.wikipedia.org/wiki/Thomas_M._Davis | | https://en.wikipedia.org/wiki/Thomas_M._Davis |
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| | William Morgan returned to the USA in 1995 due to illness and died in 1996. | | William Morgan returned to the USA in 1995 due to illness and died in 1996. |
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| − | Morgan returned to the USA and Washington D.C. in 1997. While in New Zealand, she had earned a PhD in psychology. In Washington D.C., as of 1997, she re-built her medical practice (plastic surgery), prominently noting her new PhD, which segued nicely with promoting her practice as a plastic surgeon. | + | Morgan returned to the US and Washington D.C. in 1997. While in New Zealand, she had earned a PhD in psychology. In Washington D.C., as of 1997, she re-built her medical practice (plastic surgery), prominently noting her new PhD, which segued nicely with promoting her practice as a plastic surgeon. |
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| − | During this time, Morgan resumed her public speaking.She offered herself as a “beacon of hope” that protective parents can free their children from harm.Since her return from New Zealand, Morgan has made public appearances and speeches, focusing on custody issues, child abuse and mother’s rights. An organization called The Friends of Elizabeth Morgan"(later known as ARCH) was on watchlists of groups that monitor child custody issues. Morgan compared Maryland’s family-court judges to the Spanish Inquisition in their potential to inflict cruelty. | + | During this time, Morgan resumed her public speaking.She offered herself as a “beacon of hope” that protective parents can free their children from harm.Since her return from New Zealand, Morgan has made public appearances and speeches, focusing on custody issues, child abuse and mother's rights. An organization called The Friends of Elizabeth Morgan"(later known as ARCH) was on watchlists of groups that monitor child custody issues. Morgan compared Maryland's family-court judges to the Spanish Inquisition in their potential to inflict cruelty. |
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| | ARCH: The Alliance for the Rights of Children | | ARCH: The Alliance for the Rights of Children |
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| | Foretich lives with his fourth wife and their two boys. | | Foretich lives with his fourth wife and their two boys. |
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| − | Antonia Morgan returned to the USA in 1997 with the others and died in 2006. | + | Antonia Morgan returned to the US in 1997 with the others and died in 2006. |
| | https://www.washingtonpost.com/wp-dyn/content/article/2006/04/20/AR2006042002023.html | | https://www.washingtonpost.com/wp-dyn/content/article/2006/04/20/AR2006042002023.html |
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| | https://en.wikipedia.org/wiki/Palm_Sunday_Compromise | | https://en.wikipedia.org/wiki/Palm_Sunday_Compromise |
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| − | G. Allen Dale, Morgan’s attorney during the 1980s. Mentions Morgan in his profile., | + | G. Allen Dale, Morgan's attorney during the 1980s. Mentions Morgan in his profile., |
| | http://www.gallendale.com/ | | http://www.gallendale.com/ |
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| | Vol. 14 No. 13 (p. 44+) | | Vol. 14 No. 13 (p. 44+) |
| − | Elizabeth Morgan says she learned women surgeons don’t have to be as good as men – they have to be better | + | Elizabeth Morgan says she learned women surgeons don't have to be as good as men – they have to be better |
| | September 29, 1980 | | September 29, 1980 |
| | http://www.people.com/people/archive/article/0,,20077509,00.html | | http://www.people.com/people/archive/article/0,,20077509,00.html |
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| | Vol. 32 No. 16 | | Vol. 32 No. 16 |
| | October 16, 1989 | | October 16, 1989 |
| − | A Mother’s First Taste of Freedom | + | A Mother's First Taste of Freedom |
| | http://www.people.com/people/archive/article/0,,20121427,00.html | | http://www.people.com/people/archive/article/0,,20121427,00.html |
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| | http://www.apnewsarchive.com/1990/Custody-Battle-Shifts-From-Washington-to-New-Zealand/id-1233120cc4919b543a569b02daad456b | | http://www.apnewsarchive.com/1990/Custody-Battle-Shifts-From-Washington-to-New-Zealand/id-1233120cc4919b543a569b02daad456b |
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| − | Child’s 15,000-Mile Odyssey In a Troubling Custody Case
| + | Child's 15,000-Mile Odyssey In a Troubling Custody Case |
| | February 25, 1990 | | February 25, 1990 |
| | https://www.nytimes.com/1990/02/25/us/child-s-15000-mile-odyssey-in-a-troubling-custody-case.html | | https://www.nytimes.com/1990/02/25/us/child-s-15000-mile-odyssey-in-a-troubling-custody-case.html |
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| | https://www.nytimes.com/1990/12/01/us/ruling-on-custody-ends-bitter-case.html | | https://www.nytimes.com/1990/12/01/us/ruling-on-custody-ends-bitter-case.html |
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| − | Hilary’s father won’t contest latest ruling
| + | Hilary's father won't contest latest ruling |
| | December 1, 1990 | | December 1, 1990 |
| | http://articles.latimes.com/1990-06-06/news/mn-661_1_eric-foretich | | http://articles.latimes.com/1990-06-06/news/mn-661_1_eric-foretich |
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| | https://www.nytimes.com/1992/03/24/us/girl-wins-damages-over-program.html | | https://www.nytimes.com/1992/03/24/us/girl-wins-damages-over-program.html |
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| − | Custody Battle Spans Nine Years, An Ocean, Most Of Girl’s Lifetime | + | Custody Battle Spans Nine Years, An Ocean, Most Of Girl's Lifetime |
| | November 15, 1994 | | November 15, 1994 |
| | http://community.seattletimes.nwsource.com/archive/?date=19941115&slug=1942041 | | http://community.seattletimes.nwsource.com/archive/?date=19941115&slug=1942041 |
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| | http://www.backlash.com/content/gender/1996/10-oct96/afc09.html | | http://www.backlash.com/content/gender/1996/10-oct96/afc09.html |
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| − | Here is a comparison by Chuck Colson’s former Chief of Staff of some recent Congressional activity that might also be Bills of Attainder with the Elizabeth Morgan Act and the earlier Act of Congress with got Dr. Morgan out of jail: | + | Here is a comparison by Chuck Colson's former Chief of Staff of some recent Congressional activity that might also be Bills of Attainder with the Elizabeth Morgan Act and the earlier Act of Congress with got Dr. Morgan out of jail: |
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| | http://therooftopblog.wordpress.com/2010/02/05/congressional-action-on-behalf-of-an-individual-remembering-the-elizabeth-morgan-case/ | | http://therooftopblog.wordpress.com/2010/02/05/congressional-action-on-behalf-of-an-individual-remembering-the-elizabeth-morgan-case/ |