Kelly Rutherford’s custody battle with ex-husband Daniel Giersch continues despite the actress facing a major setback. Apparently the Monaco judge granted Daniel legal custody of their children, Hermes and Helena, and ruled that Kelly would have to visit them in Monaco and France.
Kelly didn’t lose all of her parental rights, however. The judge ruled that Kelly and Daniel have to make decisions together regarding the kids’ education, health, etc. However, Kelly will not be permitted to visit with the children in the United States or anywhere else outside of Monaco and France. Kelly’s attorney told TMZ that she has filed an appeal that the judge hasn’t ruled on yet, so it’s not over for her, but the judge reportedly has concerns that if she’s allowed to take the kids out of the country, she won’t return them.
I have to say, I’m not exactly shocked at this ruling. After Kelly refused to adhere to the Monaco judge’s court order to return the children after their summer in the United States, it’s not surprising that the judge would award Daniel physical custody and not allow Kelly to visit with the children outside of France and Monaco. She flagrantly defied the judge’s order.
What was crazy was that this judge actually seemed to be supporting her relationship with her children: the judge was the one who ordered that Hermes and Helena were to spend the summer in the United States! I just don’t think Kelly got it. That was more than the US judges were doing: both the California court and New York court ruled they didn’t have jurisdiction over the case (despite the fact that it was a California judge who ordered the kids to live with their father in Monaco after his US visa was revoked).
Hopefully Kelly and Daniel will somehow find a way to co-parent, although I’m sure the acrimony between the two is considerable. It’s too bad it had to come to this.
Photos by FAMEFLYNET