BERGAUST V. FLAHERTY
703 S.E.2d 248 (2011)
NATURE OF THE CASE: Bergaust (P) appeals from the dismissal of her petition for child
support.
FACTS: P want to Paris and met Flaherty (D), an American filmmaker then living in Paris.
They cultivated 'an unusual connection.' P returned to France on December 1, 1995 to visit
D. During her visit, P and D has sex. P returned to Virginia a few days before Christmas.
Shortly thereafter, she discovered she was pregnant. D was 'a little bit shocked,' at the
news and said he would do whatever P wanted to do and he promised to support her 'in any way
that he possibly could.' D offered to secure an abortion pill and encouraged her to attend a
support group for adoptive birth mothers. D never denied having parented the child; rather,
he consistently referred to the forthcoming child as 'our baby.' P's daughter, C.B., was
born in Arlington, Virginia, on August 1, 1996. In March of 1997, when C.B. was about seven
months old, D came to Virginia for a visit. D held C.B. and played with her. The visit was
memorialized in pictures. D returned to Paris and the phone calls tapered off over time. In
the summer of 2008, C.B., who was then almost twelve years old, was watching a documentary
on television in which D appeared. C.B. recognized D from the photographs taken of his visit
to McLean in 1997. She expressed her excitement at seeing her father. P filed a Uniform
Support Petition seeking establishment of paternity and child support. D defended the action
on the ground that the court lacked personal jurisdiction over him. The court granted D's
motion to dismiss.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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