Facebook Twitter



A mother has been released from jail after agreeing to let her former lesbian partner visit with the child she bore during her eight-year relationship with the woman.

In a brief hearing before 3rd District Judge Leslie Lewis, the woman known as C.D. reiterated her willingness to comply with Lewis' order mandating visits between C.D.'s son and Angie Icaza, C.D.'s former lesbian partner."I'm convinced she understands the severity of the problem and that the court means business," C.D.'s attorney told the court Thursday after C.D. had spent two days in jail for failing to obey Lewis' order mandating a visit between Angie Icaza and the child known as "Gary" in April.

Lewis said she wanted C.D. to stay in jail another day partly because Lewis was unhappy that C.D.'s sister, JoAnn Smith, had contacted the Deseret News to express her displeasure over her sister's jail sentence. Smith faxed a letter to the Deseret News criticizing Lewis' handling of the case.

But C.D. told Lewis she did not ask her sister to contact the media on her behalf.

Earlier this week, Lewis sentenced C.D. to 30 days in jail for contempt of court but scheduled the hearing Thursday to give C.D. an opportunity to comply with the court order.

Suzanne Marelius, attorney for Icaza, said Icaza didn't want C.D. to stay in jail. She worried that an extended jail sentence might cost C.D. her job back in Maryland.

After a brief meeting in chambers, Lewis agreed to release C.D. "There are orders pending," she told C.D. "This court, as any court does, expects compliance with those orders."

The orders include a gag order forbidding C.D. or Icaza to grant interviews to the media. "While I have no control over the family members, I want to be perfectly clear that they should consult with the parties before granting interviews," she said.

"I fully understand and will comply with court orders," an emotional C.D. told Lewis.

Marelius asked Lewis to let Icaza keep Gary through much of August. She noted that Icaza had accumulated 24 visitation days since 3rd District Court Commissioner Judith Atherton had originally ordered visitation. She also requested a weeklong visit around the Christmas holidays.

C.D.'s attorney objected, saying Gary had not lived in Icaza's home since he was 3. The child should return to Maryland with his mother on Saturday, he said.

"The child is very used to my client . . . He knows her as a parent," Marelius countered. Lewis ordered Gary to stay with Icaza until Aug. 18. At Marelius' request, she also ordered both women to refrain from criticizing the other to the child and to let Gary know that they are pleased that he spends time with both women.

C.D., 28, and Icaza, 43, lived together for eight years. In 1990, the two women agreed to have C.D. artificially inseminated. C.D. gave birth to Gary in 1990. Icaza was Gary's co-parent until the couple separated nearly two years ago, Lewis concluded last fall after Icaza sued for parental visitation rights.

Icaza was present when the boy was born and for nearly four years interacted with him daily as a parent, Lewis ruled last fall. She helped feed, clothe and care for the boy as well as supporting him economically, the judge concluded.

In February, Lewis ordered a week of visitation between Icaza and Gary. Three days later, C.D. and the boy left the state, moving to Maryland where C.D.'s family lives. The April visit didn't take place. Lewis found C.D. in contempt and issued a warrant for her arrest.

In July, Icaza traveled to Maryland to spend a week with the boy. C.D. and Gary came to Utah this week to appear before Lewis on the contempt charge. Lewis ordered the jail sentence at Tuesday's hearing. Gary and his other brother, Sky, stayed with Icaza during C.D.'s jail stay.