Kelly Rutherford Will Not Send Her Kids Back to Monaco-Claims It is Their Right to Live in USA

By on August 8, 2015

Kelly Rutherford has drawn a line in the sand and refused to take her kids back to Monaco where they have lived for the past several years with their father. Kelly was feeling hopeful after she been awarded temporary custody but then saw those hopes dashed when a California court reversed its decision. She lost bids in both New York and California to have jurisdiction established there. She was granted the summer with her kids but was supposed to fly back with them to Monaco on Thursday to give them back to their dad. It was a trip she refused to make.

The Gossip Girl actress has fought a lengthy and expensive custody battle with her ex, Daniel Giersch. She filed for divorce while pregnant with their second child beginning an acrimonious battle. Giersch had his visa revoked and a court gave joint custody with physical custody to Giersch. The burden of flying back and forth to Monaco was on Kelly. She lost her bid for jurisdiction in California because she was spending more time in New York, a move she claimed made it easier and less expensive to fly to Monaco.

The kids, Helena and Hermes have been living with their father in Monaco since 2012. The travel and court battle has been so costly that Kelly filed bankruptcy in 2013. She was desperate to bring her kids back to the U.S. permanently even sending a petition to President Obama asking the White House to intervene for her two kids, American citizens.

Kelly Rutherford Kids

Kelly was thrilled to have the kids here in the states for the summer. When it looked like she was getting ready to take them back to Monaco she had a change of heart, refusing to return them. She released a statement saying:

These past three years waiting for my children to come home have been very difficult. My children were forced to leave the United States in 2012 when they were only two and five years old. In May, a judge in California gave me sole custody and brought them home. I am immensely grateful and overjoyed to have them back. Since May, however, the court proceedings have been very confusing.

She used the fact that neither state will claim jurisdiction as her reason for not sending them saying that the rulings mean:

no state in this country is currently protecting my children. It also 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.

Kelly continued with her statement referencing the court in Monaco:

The Monaco court treated me with respect when I appeared there earlier this year to file a formal objection to their jurisdiction. I believe Monaco appreciates why it cannot assert jurisdiction over my children, and that Monaco will respect my children’s right to reside in their own country.

Saying she hoped her decision would put an end to “this painful litigation” she put it out there that Giersch is free to travel to the U.S. on his German passport to visit his children, the way she had been doing for the past few years. Calling the children’s time in Monaco “exile” she stated again that “my children have a right to remain, once and for all, in the United States.”

There is no word on whether this was a decision she made on the advice of her attorneys. The statement was released by her and not by an attorney or in the words of an attorney. She has asserted that her children have a right to live in the country in which they are citizens though both NY and California have claimed they do not have jurisdiction.

So far there has been no word from her ex-husband who had been expecting the kids back in Monaco or from any attorney backing up Kelly’s move.

What do you think about Kelly Rutherford’s decision to defy the court order to take her kids back to Monaco? Is she within her rights or playing a dangerous game with the courts? Let us know what you think here at Haveuheard.

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