As you probably know, Kelly Rutherford has been fighting for custody of her two children, son Hermes, 8, and daughter Helena, 6, since a CA judge ruled in 2012 that they could reside with their father in Monaco. (This was due to the fact that Kelly was instrumental in getting him deported.) Kelly’s children came to NY for a scheduled visit with her this summer, arriving around the fourth of July after some last minute drama. Since then, Kelly has gone on The View to describe their reunion and disparage her ex, as she’s done throughout her custody battle. She also went to Capitol Hill last week for her second time testifying in front of Congress, where she continued to equate her custody case with international child abduction.
Kelly has had many setbacks in her custody battle and in this latest one, the California court ruled that they no longer have jurisdiction over the case. Kelly’s ex, Daniel Giersch, is fighting to have Monaco gain jurisdiction. The CA ruling stops short of granting Monaco jurisdiction and seems to simply relinquish CA control. Here’s more, thanks to People:
“The Court does not believe that it is obligated to relinquish jurisdiction to Monaco, only that it acknowledges that it no longer has jurisdiction over the children,” [Los Angeles Superior Court Judge] Juhas wrote.
“We are extremely disappointed,” Rutherford’s attorney David J. Glass said in a statement Thursday. “This court set up the current situation whereby my client was forced to live bi-coastally, but now, the court appears to be holding it against her. Likewise, the court created the situation whereby the children would lose their connections to California, and despite the Judgment’s language precluding the passage of time from creating new jurisdiction, that is exactly what has happened.”
Giersch’s lawyer, Fahi Takesh Hallin, told PEOPLE in a statement that “Daniel will continue to promote Kelly’s relationship with the children.”
“He believes that the children deserve to love both parents and has never nor does he intend to ever participate in any negative press directed at Kelly,” Hallin continued. As always, Daniel will continue to guard the privacy of the children, in their best interests and for their safety.”
Compare Daniel’s lawyer’s statement with Kelly’s. Daniel has always taken the high road while Kelly rarely, if ever, passes up a chance to say something negative about her ex. Maybe Daniel is just playing this in an extremely smart way, but it seems like he’s the one working to ensure the kids have a relationship with their mom while Kelly would cut Daniel out in a hot minute if she could. In fact she’s already tried to do that multiple times.
Of course Kelly’s other lawyer now vows to take the custody battle to New York, where Kelly lives, so a NY court can obtain jurisdiction. Read Kelly’s NY lawyer’s statement, below, and compare it to her CA lawyer’s statement, above. Kelly’s NY lawyer claims that the CA ruling will work in their favor and that they were hoping for it. Her other lawyer portrayed it as a terrible setback.
Her attorney Wendy Murphy – who represents her in New York and was not involved in the California hearings – believes that patience will pay off.
“Exactly what we wanted to happen has happened today in California. We filed a case in New York family court this morning, to provoke California to issue a ruling that we had been waiting for for almost two weeks,” Murphy tells PEOPLE in a statement. “As predicted, the judge declined jurisdiction, which opens the door to New York courts finally having an opportunity to do the right thing. We are pleased that at long last this legal atrocity has been extricated from the grip of California’s horrific family court system.
“Now we hope and expect the New York courts, and Secretary of State John Kerry’s office will protect the children from further harm and ensure that they are able to reside in their own country, where they belong.”
Murphy says the New York judge was “perplexed” that California forfeited jurisdiction over the case and that the legal system has “caused profound and irreparable harm to Kelly’s children.”
“Hopefully today’s developments will be the beginning of the end of the children’s forced exile – once and for all,” she added.
Do Kelly’s lawyers even talk to each other? They’re giving statements to People Magazine which are contradictory.
Kelly’s kids are in “Forced exile” and face “profound and irreparable” harm by living in Monaco with their dad and extended family, while growing up knowing three languages and attending an exclusive private school. It sounds like judges aren’t buying that at all, but I’m sure Kelly’s side will try to find a judge who is open to their argument.
Here are some photos which Kelly has instagrammed of her kids visiting. She seems to be trying not to show their faces. Kelly and her kids have been papped together this summer, but none of our agencies have those photos. (Go here to see.)
Photos via Instagram, FameFlynet