28 J. Fam. L. 1 (1989-1990)
Allegations of Child Sexual Abuse in Custody and Visitation Litigation: Recommendations for Improved Fact Finding and Child Protection

handle is hein.journals/branlaj28 and id is 9 raw text is: JOURNAL OF FAMILY LAW
University of Louisville School of Law
Volume Twenty-Eight   1989-90             Number One

ALLEGATIONS OF CHILD SEXUAL ABUSE IN
CUSTODY AND VISITATION LITIGATION:
RECOMMENDATIONS FOR IMPROVED FACT
FINDING AND CHILD PROTECTION
By John E.B. Myers*
Elizabeth Morgan, M.D. languished in the Washington, D.C. jail
for more than two years. Dr. Morgan committed no crime. She was
incarcerated for civil contempt because she refused to disclose the
whereabouts of her six-year-old daughter to the judge presiding over
custody litigation between Morgan and her former husband, Dr. Eric
Foretich. Morgan claims that during periods of visitation, Foretich mo-
lested their daughter; a claim Foretich denies.'
* Professor of Law, University of the Pacific, McGeorge School of Law, Sacramento, CA.
I wish to express thanks to David Corwin, M.D. for his valuable comments on drafts of this
article.
For information on Dr. Morgan's case see Lewis, The Limits of the Law, N.Y. Times, Dec.
22, 1988, at A23, col. I; Lewis, Judgment of Solomon, N.Y. Times, Dec. 15, 1988, at A39, col. 1;
McGrory, Morgan's Choice, Wash. Post, Dec. 15, 1988, at A2; A Mother's Tale: Why I'm Tak-
ing No Chances With the Courts, U.S. NEws & WORLD REP., June 13, 1988, at 30; Chin &
Podesta, Stalemate for High Stakes, PEOPLE, Jan. 23, 1989, at 84; Szegedy-Maszak, Who's to
Judge?, N.Y. Times, May 21, 1989 (Magazine), at 28; Elson, A Hard Case of Contempt: Eliza-
beth Morgan: Mother Courage or a Paranoid Liar, N.Y. Times, Sept. 18, 1989, at 66.
On September 23, 1989, President Bush signed a bill designed to free Dr. Morgan. The bill
establishes a one year limit on the time individuals can be incarcerated for civil contempt in the
District of Columbia. Dr. Morgan has been released. See Dowd, Bush Signs a Bill to Release a

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