Kelly Rutherford may not have had any words yesterday after she was forced to allow her children to return to Monaco on the order of a New York judge (who was enforcing the ruling of a Monaco court), but she has words today: lots of them, and very emotional ones, as you can imagine.
Kelly said in a statement:
What the judge did yesterday was shocking, illegal and abusive to my children. Without any legal authority, a judge from the lowest ranking court in the state court system violated the highest ranking deferral constitutional rights of my American citizen children.
“Knowing she had no authority, Judge Gesmer seized my children and their U.S. passports, and forced them to leave the United States and reside in Monaco, a country where neither they nor I, nor even their father, has citizenship. The children’s father didn’t care enough about the children to be here himself. Contrary to his many false claims, he, like all German citizens, can come to this country anytime on his German passport. But he didn’t bother.”
I suspect the judge’s ruling was basically enforcing the Monaco court’s order, which the United States is supposed to do under the Hague Convention (both Monaco and the US are signatories).
Kelly said this about saying good-bye to her children:
I did my best to comfort the children, but there are no words to help children understand why a judge would be so cruel.”
I’m really, seriously hoping that Daniel Giersch’s attorneys’ accounting of the events is accurate just because I hate to think of Hermes and Helena facing a traumatic good-bye in a courtroom.
Kelly questioned the claims that Daniel’s attorneys put forth in court.
When the children’s father filed papers this week demanding that the children be taken into custody, he told Judge Gesmer there was an emergency and that he did not know the whereabouts of the children, or whether they were safe. That was a lie.
“I told him in writing repeatedly that the children were in New York, safe with me. He Skyped with the children and talked to them many times during the periods when he claimed he did not know their whereabouts, or whether they were safe. It was all lies to persuade the court to issue an emergency order.
“As for Judge Gesmer, she has to live with herself, and if she has a conscience, I suspect she will not sleep well, ever again.”
The statement was put forth with attorney Wendy Murphy, who was not in court yesterday. However, here’s they’re legal argument:
Judge Gesmer had no authority to force American citizens to leave the United States [because] the children are now and always have been exclusively ‘habitual residents’ of the United States.”
Obviously the judge didn’t see it this way. Things may not go very well for Kelly in Monaco now, either. One of her ex-husband’s attorneys said that while they did not want to “punish” her or keep her from their kids, something may have to be done.
After this episode, we will be speaking with our client and his attorney in Monaco and maybe considering taking different measures about future visits to the United States, how the passports are held or whether the visits need to be supervised, because we don’t want a reoccurrence of this a year from now.”
This is what I was really afraid of all along: Kelly’s refusal to send them back after their first visit in the States since they moved to Monaco would likely be a reason to limit her future access to her children. It really is too bad.
Photos by FAMEFLYNET