Kelly Rutherford faced another legal setback in her ongoing custody battle for her kids. A Los Angeles Superior Court judge ruled that the state did not have jurisdiction over the case since Hermes and Helena, her kids with Daniel Giersch, live in Monaco. They’re spending the summer in the United States based on the ruling of a Monaco judge.
Judge Mark Juhas wrote:
The Court does not believe that it is obligated to relinquish jurisdiction to Monaco, only that it acknowledges that it no longer has jurisdiction over the children.”
Although Kelly and Daniel share legal custody of the kids, a California judge ruled in 2012 that the kids were to live in Monaco with their father since his US Visa had been revoked, so he was not allowed to enter the country. The judge decided that Kelly, who was then shooting ‘Gossip Girl,’ could travel abroad to visit with the kids. Kelly said she has traveled abroad 70 times to visit them. This summer is the kids’ first time back in the US since they left in 2012.
Kelly’s attorney, David J. Glass, said:
We are extremely disappointed. This court set up the current situation whereby my client was forced to live bi-coastally, but now, the court appears to be holding it against her. Likewise, the court created the situation whereby the children would lose their connections to California, and despite the Judgment’s language precluding the passage of time from creating new jurisdiction, that is exactly what has happened.”
Daniel’s attorney said:
Daniel will continue to promote Kelly’s relationship with the children. 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.”
Kelly said the children are connected to California because that’s where she’s based. She said her East Coast home allows her to catch shorter, less expensive flights, but she considers herself a California resident. The judge wrote, however:
Given the fact that the children have only spent approximately one week in California in over two years, if these children have any connection to California, it is tenuous at best.”
Kelly’s NYC attorney, Wendy Murphy, plans to appeal her loss in federal court for custody, declaring she’s ready to go to the Supreme Court, if necessary. Kelly has testified before Congress about these types of custody cases. Last week she said:
Nobody in this country seems willing or able to do anything to help bring my American children home, even though this is the country that sent them away. I can only see this as a legal kidnapping by a California judge forcing my children to live abroad for so long that the other countries seize control over their lives. I just ask each of you here today how it is possible that two American citizens have been ordered by their own government to live in exile in a foreign country?”
I’m sure Kelly’s disappointed. It’s unfortunate she and Daniel could not come to a custody agreement themselves that worked for both of them. At this point, though, I wonder how much of a challenge it would be for Hermes and Helena to move back to the United States. They’re eight and six now, which means they were five and three when they moved to Monaco. That’s the country they know the best at this point. Maybe Kelly needs to get a home there?
Photos by FAMEFLYNET