As with the informality of orphanages, exceedingly lax adoption practices frequently aided kidnappers – parental and otherwise — in their shadowy purposes in the past just as they do today.

Jacob Schilb of Minneapolis, the Oakland Tribune announced had spent “most the whole of a modest fortune … in following his daughter and his former wife about the United States. Starting in Minnesota the pursuit reached to New York to California.” Yet the father faced legal complications since “with the success of his long search came the revelation that his daughter had only a week ago been legally adopted by W.M. Malody, husband of his divorced wife.”
Fraudulent adoption is a device frequently used by kidnappers (both parental and non-parental) that promises to shut off the victims’ access to one another and to “manage” the identity of the child victim. This nasty PK trick often succeeds, but this time it failed miserably. The phony adoption was cancelled by a Los Angeles court and the way was now opened up for father and daughter to reestablish the natural relationship which had been robbed of them.

The American patchwork-quilt of differing laws and competing jurisdictions was early in our nations history spotted as a danger to fairness and orderliness in dealing with divorce and child custody cases.
The problem behavior has has been variously named “jurisdiction shopping,” “migratory divorce,” “foreign divorce,” “secret divorce,” and many others. In 1805, it was simply called “Vermont Divorce” since there was only one state at the time engaged in the controversial business of selling out-of-state marriage dissolutions. In following decades Indiana, North and South Dakota, Nebraska and, most famously, Nevada spawned boom towns created specifically to this ever-increasing trade.
In the Spring of 1927, Nevada’s lawmakers passed a law that would bolster the booming out-of-state divorce industry against states that were offering tough competition. They reduced the requirement of the petitioner’s consecutive presence within the state boarders to three months. The streamlined version was called the “brief residence divorce,” even though the supposed “residence,” was not only brief, but almost always predeterminedly temporary. The first of these divorces got a two-sentence notice on the front page of the Los Angeles Times promptly the following day on May 4, 1927: “Nevada’s First Brief Residence Divorce Granted.” The grounds of the complaint were duly noted.

It was not, however, noted in the news report whether Mr. Ross had received notice, or was present to testify, or whether there were any children involved. Nevada’s “new deal” excited the attention of quite a few non-Nevadans who might like to get a court’s help in adjusting budgetary, erotic, or child-rearing arrangements in ways that were less than convenient in the still-married couples’ home states.
Within only sixty-three days, the tenor of reporting on Nevada divorce went from the hilarious (allegations concerning mashed potato improprieties) to the heinous: a publicly witnessed – and unpunished – attempt on the life of a left-behind parent during the course of a recovery of his four-year-old son and seven-year-old daughter from an interstate PK.

The joyous still-alive father, having escaped the “fusillade of bullets” fired at him while he was in possession of the children, proceeded — once he was back in California – to file a more ordinary variety of divorce petition giving rather than vague claims of “cruelty,” facts: detailing his wife’s desertion, her open adultery, her interstate kidnapping of the children and the hail of bullets directed at him – and presumably in the direction of the children as well.
Mrs. Warren’s cold-bloodedness was not lost on the California judge who, a year after the father’s brave counter-abduction, ruled in favor of Mr. Warren, allowing him to keep his rescued children.

Sacrifices by parents who cannot afford search expenses – which have in many cases driven a parent into destitution – are common in PK cases.
Stories of sacrifices made by left-behind fathers and mothers take varied forms and are almost always testimonies to the power of familial love – as well as the perversion or absence of such. Some parents mortgage their homes as did Ella Barthart in 1916, who after 16 years of faithful searching finally found her children, but could not afford to travel from Los Angeles to where they were in Oklahoma.

Or Aileen Martin, who in 1951 found a quick way to borrow a small sum:

Those left-behind mothers who cannot find the ready cash to pay for transportation have a special disadvantage not faced by their male counterparts. The hardier members of this group decide to don a protective disguise of some sort designed to ward off attentions a female traveler might attract and then proceed undaunted onward in the task of retrieval.
Mary Murphy was a 26-year-old left-behind mother who “paid a detective $400, nearly all the money she had to locate her husband and recover the child.” The detective, however “considered his work done when he located the child, and as she had scarcely any money left, she was at a loss how to recover her darling.” The Los Angeles Times headline succinctly describes the adventure that followed.

Mary Murphy did not “ride the rails” completely alone however. She was accompanied by her fifteen-year-old brother.
Marion Thornton Egbert’s scenario was a different one. It took her close to two years and 30,000 miles of travel.

As a woman traveling alone, Mrs. Egbert needed a disguise even more secure than Mrs. Murphy’s — and she succeeded in concocting one.

Emma Nettle felt no need to go undercover when she hitch-hiked from Seattle to Georgia on her own during the Spring preceding the great stock-market crash to recover her son from her deceased husband’s relatives.

There people are genuine heroes and heroines deserving to be remembered for their character, fortitude and willingness to sacrifice for the love of family.

The last thing you expect from a parental kidnapper after having successfully secreting a child for a period of years is for the kidnap-parent to then decide to authorize millions of photos of the child victim to be printed all over the United States and Canada. But that is just what happened in the Wayland kidnapping in 1962. The utterly perverse story of the two parental kidnappings of Wendy Diane Wayland by her mother in 1960 and 1963 hold a unique status in the history of PK.
We can only imagine how David C. Wayland, a left-behind father in Los Angeles who had been searching seven months without success for his little daughter Wendy, saw this photo in the newspaper.

Here was his child posing for a picture printed in the millions of newspapers across the United States and Canada, her name altered to a pseudonym based on the name of the kidnap-mother’s paramour, the attached text announcing his 6-year-old missing child as a great new “discovery” working as an actress in Paris.
Yet for David Wayland, beneath the pain, frustration – and perhaps shame – there was hope. The film “Gigot,” while made in France, was an American production for the US and Canadian markets, so he could expect a return to the US to promote the film. He was correct and taking advantage of the film production company’s publicity campaign, he discovered the arrival date in Los Angeles for the “child star” and was there on December 13, 1961 accompanied by his lawyer Marvin M. Michelson, two county Sheriff’s deputies and two city police officers.
As father stooped to pick up daughter, Roy E. Gardiner (whom The Los Angeles Times incorrectly labels the “adopted father”), a man substantially larger than Wayland, interrupted the reunion by kicking the real father, knocking the child to the floor. Yet after the officers pulled Gardiner off Wayland, heart-worn father and confused daughter were finally allowed a peaceful moment of reunion.
But after the scene made in the airport by the kidnap couple, Barbara and Roy Gardiner (the former Mrs. Wayland used Gardiner’s name yet never stated they were married), the international kidnap-couple used the opportunity to speak to reporters in an ad hoc mini-press conference designed to defend the kidnapping while planting falsifications in the press. Gardiner claimed that:

Gardiner was lying of course, and the lies would continue, and so would the violence – to plague father David and daughter Wendy.

By early January court testimony revealed that during the filming of Gigot in Paris, Gardiner had blackmailed producer Ray Stark for $25,000. His ploy was to hide Wendy (”Diane”), thereby making it impossible to complete the film unless they wanted to began the high-budget film again essentially from scratch. It was also revealed that when the child was kidnapped the mother and her paramour had left behind $5,000 in unpaid bills. The father was awarded custody.

In April, David Wayland was found in his “blood-soaked” apartment,” having been beaten he said, with what he thought was probably a baseball bat. The attack came, he told police, after he had agreed to meet Wendy’s mother to accept some Easter presents for the child. In July a jury acquitted Barbara “Gardiner” and Roy Gardiner of the assault. The papers gave no description of the trial or explanation of the verdict.
On December 17, with her access to her daughter now restored without requirement of supervision – without a requirement to surrender her passport, and without a bond requirement secured against her as a “flight risk” – the mother kidnapped the child again. This time the paramour stayed behind. He claimed ignorance mother and child’s whereabouts.
Soon afterwards, David Wayland received a taunting letter from his ex-wife vowing never to let daughter and father see one another again. All the news reports cease at this point. Perhaps David and Wendy Wayland were separated forever, perhaps they were reunited. Perhaps one day a genealogist will stumble across the key to the mystery.
