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Tag: Kelly Rutherford

  • Kelly Rutherford Not Only Loses Custody of Children, Can’t Bring them to U.S. Either

    Kelly Rutherford lost custody of her two children, Hermes and Helena, to her ex-husband Daniel Giersch, following a six-year court battle. Not only doesn’t she have custody, but Kelly Rutherford can no longer bring her children to the United States. This means the former Gossip Girl star must travel to Monaco in order to visit them.

    It was back in August that Kelly Rutherford refused to return her children to Monaco following a visit with her in the U.S. That no doubt played a huge role in the custody decision. At that time, New York Supreme Court Judge Ellen Frances Gesmer ordered Rutherford to return the children right away, and didn’t look favorably upon her failure to do so at the agreed time.

    Michael Stutman is the head of the family group at Mishcon de Reya New York. He spoke to People magazine about the situation. He does not represent either Kelly Rutherford or Daniel Giersch.

    “I would be surprised if she was allowed to take the children out of Monaco again without some level of security,” he said ahead of this week’s decision.

    “Kelly’s failure to deliver the children…likely bought them a one-way ticket to Monaco. Given Kelly’s initial failure to send the children back, showing up without them was probably the nail in her coffin,” he added.

    Of the judge’s decision, Stutman said, “The actions of Ms. Rutherford leading up to this ruling make the decision to award custody to Mr. Giersch the furthest thing from a surprise.”

    “Any responsible lawyer would advise her to end this crusade for custody,” he added.

    Were you surprised to learn that Kelly Rutherford lost custody of her two children?

  • Kelly Rutherford Dealt New Blow In Custody Battle, NY Judge Refuses to Hear Case

    Kelly Rutherford has been dealt another blow in her six-year custody battle for her children.

    According to a report by People magazine, New York has ruled that it will not hear the case because the court does not have authority over the matter.

    “Neither California or N.Y.C. are taking jurisdiction. So who in the U.S. has jurisdiction of my America-born U.S. citizen children?” Rutherford told People. “They were sent there by California temporarily to accommodate Daniel’s visa issue, and now California won’t bring them home.”

    On Thursday, a Los Angeles judge decided California no longer has jurisdiction over Rutherford’s two kids with ex-husband Daniel Giersch because she no longer lives in the state. Following that verdict, her attorney, Wendy Murphy, filed a separate case in New York family court, but Rutherford says the judge decided on Friday that New York also does not have jurisdiction.

    “New York said it had no jurisdiction because California had jurisdiction – which is silly – but it is what it is,” Murphy said. “This new jurisdiction vacuum leaves the children with only their American constitutional citizenship rights to protect them from forced exile, and as rights go, there’s nothing stronger than citizenship, so we are optimistic.”

    Rutherford, 46, divorced Giersch in 2007 and the children, son Hermes, eight, and daughter Helena, 6, went to live with him in Monaco. The children spend their summers with Kelly in New York City.

    In 2012, when Giersch’s visa was revoked, a California family court judge ruled that the children should stay with him, with Rutherford flying out for visits. Giersch, 42, never reapplied for a visa and she’s been fighting to move her children back to the United States ever since, arguing that the arrangement was meant to be temporary.

    “It’s just incredible as an American mom with America-born children,” Rutherford said. “My forefathers fought for this country and the freedoms we enjoy.”

    Rutherford said she lives mostly in New York because it makes for a shorter and less expensive flight to Europe. However, that meant California lost jurisdiction.

    “The ugly story behind the story is that family courts do not always protect children because they only deal with children’s ‘best interests’ and interests are not enforceable as ‘rights,’ ” Murphy says. “By contrast, higher level courts enforce real rights, so we are optimistic now that California is out of the picture and we can focus on the children’s constitutional rights. California’s family court system has a terrible horrendous reputation, and we are glad to be out of that state once and for all.”

    As for Giersch, he says he will continue to encourage a positive arrangement with Rutherford.

    “Daniel will continue to promote Kelly’s relationship with the children,” Giersch’s lawyer, Fahi Takesh Hallin, said in a statement Thursday. “He believes that the children deserve to love both parents and has never nor does he intend to ever participate in any negative press directed at Kelly. As always, Daniel will continue to guard the privacy of the children, in their best interests and for their safety.”

  • ‘Gossip Girl’ Kelly Rutherford Finally Granted Custody Of Her Children After Six Years

    After years of court hearings and an online petition, Kelly Rutherford will finally be able to see her children.

    The 46-year-old actress was granted “sole and legal” custody of her children by a California judge on May 22.

    This means that her children, 8-year-old son Hermes and 5-year-old daughter Helena, should be brought home from Monaco where they have been living with their father, Rutherford’s ex-husband Daniel Giersch, since 2012.

    The Gossip Girl star’s nightmare started when Giersch’s work visa was revoked and he was barred from entering the US after a family holiday abroad. No exact reason was given and in some weird legal twist, a California judge ruled that the children should reside in France with their father because it was in their “best interest.”

    However, when Rutherford went to France recently to be with her children Giersch refused to let her see them until she handed over their passports.

    The embattled actress has spent the better part of the last 6 years trying to get her children home, a battle that has already cost her almost $2.5 million and forced her to declare bankruptcy. But with the court’s latest decision, the Melrose Place alum can finally put that behind her and look forward.

    In a statement, Rutherford’s lawyer David Glass said that they are “pleased that the Los Angeles Superior Court acted swiftly.”

    “We remain hopeful that Mr. Giersch, after reviewing the Orders, will cooperate fully and assist us in peacefully transferring the children to Kelly’s custody.”

    Rutherford’s friends, who have helped her secure 100,000 signatures in an online petition, are also ecstatic over the good news and have expressed their support and love on Twitter.

    The TV veteran is scheduled to attend a hearing on June 15. Her children and Giersch are also slated to attend the session.

  • Kelly Rutherford Wins Long, Bitter Custody Battle, Will Monico Abide By the Ruling?

    Kelly Rutherford has won her long custody battle for her children and a judge has ordered that the children be returned to Rutherford in the United States.

    After a six-year battle, Gossip Girl star Kelly Rutherford was granted temporary custody of her two children, eight-year-old Hermes, and sister Helena, 6, who have been living in France and Monaco with their father since 2012.

    After a bitter divorce, Kelly Rutherford and Daniel Giersch went their separate ways.

    Kelly Rutherford was three months pregnant with Helena when she filed for divorce.

    On Friday a judge ruled that the children must return to Los Angeles, and that their mother will keep their passports, according to People magazine.

    Kelly Rutherford told People that her ex would not allow her to see the kids after she arrived in France for her latest trip last week unless she gave their US passports to someone his legal team called “a neutral person,” which turned out to be one of his attorneys.

    It is unclear whether France and/or Monaco will abide by the California judge’s ruling.

    “We are ecstatic, and hopeful that Monaco will respect the California court’s ruling and send the children home. It has long been our position that Monaco has no jurisdiction because Hermes and Helena, as American citizens, have an absolute right to live in their own country,” Rutherford’s lawyer Wendy Murphy told People. “If the citizenship shoe were on the other foot and these children were citizens of Monaco, I have no doubt the United States would respect their right to reside in Monaco.

    “Monaco officials know that sending the children back to America is the right thing to do. I’m looking forward to the happy reunion of the children not only with their mother, but also with their country!”

    What do you think about Kelly Rutherford’s win?