Update in Kelly Rutherford’s International Custody Battle

Kelly Rutherford slammed the New York Judge that sent her kids back into the custody of their father in Monaco this week.  She vowed, “One day I will land in the courtroom of a decent judge. My children ask me all the time if I am still fighting for them, and I always tell them the day will never come when I say ‘no.’”  Kelly continued, “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.”

This is the latest blow in a custody battle that began when she was still pregnant with her daughter.  Kelly married German businessman, Daniel Giersch, in August 2006 and gave birth to their first child, son Hermés, in October 2006.  On December 30, 2008, Kelly filed for divorce. Their second child, daughter Helena, was born in June 2009.  In August 2009, Kelly and Daniel reached a temporary settlement on joint legal and physical custody that was to be in effect until April 2010.  However, the case then became more intense because Kelly obtained a temporary restraining order against Daniel in September 2009.

Daniel’s American visa was revoked in April 2012.  It is believed that Kelly’s lawyer informed the State Department about issues pertaining to Daniel’s businesses, which led the Department to conclude that they had sufficient evidence to deport him.  Daniel, unable to enter the United States, resided in France and Monaco.  In August 2012, a California court ruled that because Daniel is unable to travel into the United States, the minor children should live with him in France and attend school there; Kelly was granted visitation.

To make matters worse, in June 2013, Kelly filed for bankruptcy, stating that she had debts of approximately $2 million, primarily due to the legal fees relating to the bitter divorce and custody dispute with Daniel.

Litigation continued and the minor children visited with Kelly this summer in the United States.  On July 23, 2015, a California judge ruled that California did not have jurisdiction over the child custody case because Kelly resides in New York.  On July 27, 2015, a New York court also ruled that it did not have jurisdiction.  These duplicative rulings led Kelly, on August 8, 2015, to release this statement, “It means that no state in this country currently requires me to send the children away.  Hence, I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.”


On August 11, 2015, Kelly was summoned to a New York courthouse, with the minor children, and the judge ordered their immediate return to their father in Monaco.  The next court date is September 3, 2015, in Monaco.  The saga continues.

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