I’m glad Kelly Rutherford has her kids with her for the summer while she continues with her custody case: seeing them hopefully helps her deal with these legal setbacks. Yesterday she experienced another one.
Last week a California judge ruled that the state no longer had jurisdiction over the children since they had spent the past few years in Monaco. Yesterday, a New York judge made the same ruling. Kelly has homes in both states, and it was a California judge who ordered the children to live with their father in Monaco since Daniel Giersch had his US Visa revoked after allegations of criminal activity.
Wendy Murphy, a lawyer Kelly hired to represent her children, Hermes and Helena, as US citizens, wasn’t worried about the California judge’s ruling last week, saying:
Exactly what we wanted to happen has happened. We filed in New York to provoke California to issue a ruling and the judge reacted as we had hoped. Now California—thankfully—will have no power to ruin the children’s lives any further!! We are pleased that at long last this legal atrocity has been extricated from the grip of California’s horrific family court system.”
However, things didn’t go any better in New York.
New York said it had no jurisdiction because, it said, California had jurisdiction – which is silly – but it is what it is.”
However, Wendy made it clear the legal fight isn’t over.
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.
“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.’ By contrast, higher-level courts enforce real rights, so we are hopeful because we can focus solely on the children’s absolute rights as citizens to reside in their own country.”
She made it clear she’s still glad not to have to deal with California anymore.
California’s family court system has a particularly terrible reputation when it comes to protecting children, so we are glad to be out of that state once and for all.”
It’ll be interesting to see what happens, but something tells me Kelly is going to have to continue this custody battle in Monaco. She and her kids seem to be enjoying their time together here in the States! Don’t they look like they’re having fun? These pictures were taken at the Ovarian Cancer Research Fund’s Super Saturday NY at Nova’s Ark Project last weekend.
Photos by FAMEFLYNET