I have no idea how this is going to turn out, but one thing is clear: Kelly Rutherford is NOT backing down. Last week she announced that she would not return her children, Hermes and Helena, to Monaco to live with their father despite a Monaco court order. The children’s father, Daniel Giersch, accused her of kidnapping. Kelly’s hitting back at that accusation.
Kelly explained during an interview with GMA:
It’s been very hard for the kids and I, it’s been kind of cruel, in a way, because we just want to see each other and be together, and they’re very young. It put me as a parent in an odd place, because if nobody’s taking jurisdiction, how do you put your children on a plane to a foreign country not knowing what’s going to happen?”
Well, someone is taking jurisdiction: the court in Monaco. Both the California and New York courts stated that they didn’t have jurisdiction since the children have been living in Monaco for three years, and the kids are in the US on the order of the Monaco court.
Wendy Murphy, an attorney that Kelly hired to represent the children, called on Daniel to “do the right thing” and “protect the children from the trauma of needless litigation.”
It’s curious that the children’s father would make cruel threats and derogatory remarks rather than refusing to respond to the very simple statement we released last week explaining why the children are entitled to reside in their own country. Mr. Giersch made an agreement with Kelly and the American courts in 2012 that the children would live abroad with him only temporarily while he resolved his U.S. work visa issues. He did nothing to address his visa problems, and three years is exceedingly not temporary.
“Instead of complying with his 2012 agreement, Giersch filed for sole custody in Monaco at the end of 2014 (no decision yet.) He also refused to let Kelly see the children when she flew to Monaco for a visit this year unless she surrendered the children’s U.S. passports, which no court had ordered her to do. Mr. Giersch purports to be interested in co-parenting but his actions belie a different agenda.”
I’m sure there’s been plenty of things done on both sides: it was Kelly’s attorney who got Daniel’s visa revoked on unsubstantiated criminal allegations, but does Daniel need to file for sole custody in Monaco? It just seems like they’re both unable to put the kids’ best interests ahead of their animosity for each other. Here’s the GMA story, which you should check out: the ABC legal analyst has an interesting perspective.
ABC US News | World News
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