As the Inquisitr reported, actress Kelly Rutherford’s battle to keep custody of her children ended in dramatic fashion. Rutherford, who was ordered to return her children back to Monaco to their father, decided to keep her children at home. Then, after she failed to bring her children to a scheduled court date, Rutherford received a harsh reality from a judge.
Judge Ellen Gesmer ordered her children back to Monaco. That said, Rutherford still isn’t giving up, even though a California court said that they have no jurisdiction over the children, Hermes, 8, and Helena, 6. While Rutherford’s ex-husband, Daniel, is claiming she kidnapped their children after only being allowed to keep them over the summer in the states, Rutherford and her lawyer, Wendy Murphy, are claiming that judge Gesmer violated her children’s rights.
In a statement released by E!, Rutherford said, “Judge Ellen Gesmer effectively arrested my children, claiming she had authority under habeas corpus to take them into custody because of a foreign country’s court order. But the law is clear that a New York judge cannot enforce any order from a foreign country unless and until the foreign order is ‘registered’ in the United States.”
Rutherford continued, “Not only was there no Monaco court order registered in New York, no government official from Monaco asked the New York judge to register an order, or take any action against me or my children.”
This custody battle has been going on since 2010. Giersch was refused re-entry into the United States due to his visa being revoked, and he was sent to France. It was then decided via a U.S. court that it would be in the children’s best interest to stay in France with Giersch. Although the two share custody, the longest Rutherford has spent with her children outside of the states is two weeks. She also claims that her ex refuses to let her see the children for long periods at a time.
Recently, the Gossip Girl actress said, prior to the court’s decision, “My ex-husband recently filed for sole custody in Monaco after causing my children to be declared ‘habitual residents’ there, even though he agreed with California in 2012 that the children’s time in France and Monaco would be temporary, and that the children would retain exclusive citizenship and residency in the United States. I trusted my ex-husband’s agreement, and cannot now send them away in light of the legal actions taken in Monaco in violation of that agreement by my ex-husband.”
Whose side are you on?
[Photo by Kris Connor / Getty Images]