Kelly Rutherford is offering a more in-depth explanation for why she refuses to return her children, Hermes and Helena, to Monaco, per the Monaco court’s order. She alleges that her ex-husband, Daniel Giersch, was violating the terms of their custody agreement.
Kelly explained that the kids were only supposed to be in Monaco temporarily and part of the agreement was that they would remain only US citizens, but Daniel was attempting to change that in a bid to get sole custody of the kids.
My ex-husband recently filed for sole custody in Monaco after causing my children to be declared ‘habitual residents’ there, even though he agreed with California in 2012 that the children’s time in France and Monaco would be temporary, and that the children would retain exclusive citizenship and residency in the United States. I trusted my ex-husband’s agreement, and cannot now send them away in light of the legal actions taken in Monaco in violation of that agreement by my ex-husband.”
Now that is something that might get a US court’s attention, doesn’t it? However, I’d think that her attorneys already presented this information in court when they were trying to get the custody cases heard in California and New York but maybe not.
I guess this is all going to boil down to: do the US courts feel they have jurisdiction since Kelly has the children here? They didn’t earlier this summer, but perhaps her refusal to send them back will change things. If they do decide that the Monaco court still has jurisdiction, however, then Kelly seems to be in a VERY tough position.
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