Likely death of 32-year-old mother illustrates lack of humanity in child custody

Balance of justice not always found in child custody cases

Carol Forsloff - The unusual disappearance of a 32-year-old mother outlines the problems involved in interstate custody cases, that can take grim directions. 

In this case the authorities are investigating the disappearance of Venus Stewart.  Stewart is the mother of two who police now believe was taken from her parents' home in Colon Township, Michigan on April 26 of this year. 

The only person named as a person of interest in this case, according to the South Bend Times, is Ms. Stewart's estranged husband, Doug Stewart of Newport News, Virginia. 

Prior to the abduction of Ms. Stewart, there were divorce entanglements and custody disputes regarding the two daughters of the estranged couple. 

Ms. Stewart was given custody of the two children on a temporary basis.  The accusations in the case were problematical in that Mr. Stewart had accused Ms. Stewart of lying about her claims that he had sexually abused one of the minor children.  However, as observed in the case itself, Child Protective Services were said to have verified the mother's claims. 

Following the disappearance of Ms. Stewart, the court rejected Mr. Stewart's request for custody of the two girls.  The court also denied him visitation rights, and at a hearing on June 17, he was arraigned on an abuse/neglect petition based on the allegations of sexual abuse that Ms. Stewart made before she disappeared. 

On June 23, 2010 news media reported Doug Stewart's arrest.  Searchers continue to look for the body of Venus Stewart, as police declare they have enough evidence for the arrest of Stewart on her disappearance and assumed death. 

Although no body has been found St Joseph County Prosecutor  John McDonough said this, " It would be easier with it," said McDonough. "We have the evidence. We believe we have enough to get a conviction."  

This dramatic case points out how child custody cases can often be extremely complicated,  becoming even more so when they involve custody across state lines.  Parents disagree over where to try the case and there are different laws in the various states governing child custody. 

Its shows the lack of humanity in legal decisions referencing children.

What attorneys point out is that sometimes one parent in a custody dispute may want to the file the case in a particular state because the laws in that state are more favorable to his or her position in the case.  In extreme situations, a parent who is unhappy with the outcome of a custody case in one state may even kidnap the children and flee to another state, hoping to obtain a more favorable verdict in another jurisdiction.  

All 50 states and the District of Columbia have adopted the Uniform Child Custody Jurisdiction Act, and the federal government has passed the Parental Kidnapping Prevention Act in order to prevent some of the problems that can occur in child custody cases. These laws provide a clear set of rules for determining when child custody case may be heard in a particular state. 

In the meantime the custody of two children may be paramount in the Stewart case, but right now police are trying to find their mother's body, in the most tragic possible circumstance from a dispute between parents.