TMZ reports that a New York judge made the order after attorneys for Daniel Giersch claimed she was kidnapping the children by violating the Monaco court order to return the kids to Monaco by August 7. Basically, he’s arguing that the Monaco court’s custody order is legally binding.
A New York judge previously ruled that the state did not have jurisdiction over the case. Perhaps this act basically gives them jurisdiction? It will be interesting to see what happens, given the court’s earlier ruling.
The question is whether or not the New York judge will simply abide by Monaco’s court order or consider Kelly’s point, which is that Hermes and Helena are US citizens. Daniel has had the kids declared “habitual citizens” of Monaco since they’ve been there for three years. This may all be decided tomorrow, but if it is actually decided, then Kelly has hopefully prepared herself to say good-bye to her kids. Hopefully someone close to her is preparing her for that possibility.
I think the best she can hope for is that the judge decides New York does have jurisdiction. Further decisions would likely be decided at later court dates. I honestly don’t know WHAT I would do if I were in Kelly’s position right now. One loophole is that the court stipulated Kelly had to be notified by 3 pm today of the hearing, but since email and secured Facebook messages were allowed as ways of notifying her, I don’t think she’ll be able to avoid this by saying she wasn’t notified.
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