Why didn't Venus Stewart petition the courts in Virginia for custody? Instead, she leaves Virginia without telling Douglas and takes the children with her. The courts really frown upon that because it is sort of like parental kidnapping, taking children out of state without the permission of the other parent, but that is pretty much a moot point now that she has disappeared.
Then when she gets to Virginia she does a hasty will--basically getting her affairs in order after she wins temporary custody from the family court judge in Michigan.
There is no doubt in my mind that she was cutting Douglas loose, and she planned it well in advance. Taking the kids to her mom's house in Michigan gave her the physical address she needed to petition the court for custody. By doing that it would be very tough for Douglas to defend against it.
To help lock down custody all she did was say he was molesting the children, which is really common for women to say such things in divorce proceedings because custody of the children is the number one goal because of child support and state assistance.
This is an interesting case because it does reflect the social atmosphere of many American marriages. Most folks work things out or use the process to sort it out, but every so often you get cases like this one where one parent will take the kids and move them out of state in a winner take all mindset.
Now, knowing she did the custody process and her will, is it possible that she disappeared on purpose? There are groups of women out there who help abused women disappear when they think they are in danger. I am not saying there is no possibility that Douglas did harm her, but frankly, I can't find any documentation proving that Douglas ever did harm her, and also no documentation which proves he molested his children.
It may just be nothing, but it appears like Venus was putting all the legal things in order, and then she just disappeared without a trace. That is very unusual to say the least, but the media is quick to blame the husband for it right away without looking at the facts and asking these types of questions.
I am originally from Wisconsin and was in eerily similar circumstances to Venus.
- Prior to any custody orders from the courts, BOTH parents assume joint custody, meaning at any time a parent can withdraw the child from the state in which they reside - they do not require the other parent's permission. Venus did nothing illegal by returning to Michigan and therefore, I am doubtful any judge would have held it against her. However...
If Doug was against her relocating he would have been within his rights to file a motion seeking an injunction.
- If they were married in Michigan, and the children were born in Michigan, it would only make sense that MI would be the 'home' state for custodial issues.
While VA could have heard custodial/divorce matters it would have made for a more convoluted issue.
- Temporary custody is just what an implies. It is most often granted to primary caretakers until an investigation can be concluded over the best permanent situation for the children involved.
- Though in this situation it does not apply, most states have a relocation clause worked into their family law statutes. In WI, the custodial parent must inform the courts and the non custodial parent, in writing, 60 days prior to moving the children more than 150 miles. The NCP can then object to the relocation, a hearing is held to appoint a GAL (guardian ad litem), and an investigation is launched as to the best placement for the children.
Some other, non legal, observations:
Elsewhere in this thread it was stated that this is 'textbook' and I concur. While my ex was always verbally and psychologically abusive it was not until I left the relationship that he truly waged war. When an abuser senses they are losing control often their attempts to regain it are amped up to a level not seen before.
I know much has been made in earlier threads about Venus being charged with assault...but I remember a few times in my marriage where I was the one screaming and name calling. :blushing: I'm not normally like that but there was such an indescribable frustration being in a situation you don't know how to fix.
I had no assets or property but have had a will since having children to spell out my wishes for guardianship should anything happen to me.
Just some thoughts I wanted to share.
