Judge Rules Kelly Rutherford’s Custody Battle Can’t Continue in California

24 Jul 2015 | Author: | No comments yet »

Judge won’t intervene in Kelly Rutherford’s custody dispute.

Although has lost a critical round of her six-year custody battle, the Gossip Girl star’s lawyer is not discouraged – and says that was the plan all along. LOS ANGELES (AP) — A Los Angeles judge ruled Thursday that he does not have the authority to make new custody orders in Kelly Rutherford’s international custody battle because the actress now lives in New York. Rutherford and her ex-husband have been embroiled in a custody fight for years, with the actress traveling overseas dozens of times to visit their children in Monaco, where they live with their father.

Giersch’s camp had argued that a California court had misjudged the situation when they awarded Rutherford primary custody in May, and Los Angeles Superior Court Judge Mark Juhas subsequently agreed today that it wasn’t his court’s right to do so. “The court relinquishes jurisdiction over the two children as California no longer has jurisdiction,” Juhas wrote in his ruling, a copy of which was obtained E! Rutherford has been seeking an order that would return her children to the United States so they can live with her, but Juhas’ ruling will likely shift the case to Monaco where a judge is also considering custody matters at the request of her ex-husband. Rutherford moved to New York while filming the series “Gossip Girl” and maintains an apartment on a month-to-month lease so that she is closer to her children, she testified earlier this month. “Daniel will continue to promote Kelly’s relationship with the children,” Giersch’s attorney Fahi Takesh Hallin wrote in an email. “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.” Rutherford obtained a temporary custody order in May, but that was quickly halted when lawyers for her ex-husband showed that a judge in Monaco was also hearing custody issues.

News. “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. Both children regularly reside with Giersch in Monaco, and it was decided in December 2013 that he no longer had to pay for his children to visit the States and their mother.

Parents know — everyone knows it’s not right,” Rutherford said on Good Morning America back in April. “I can sit here and tell you how often I cry. Glass argued the actress is a California resident because she maintains business and banking ties in Los Angeles, but Juhas said that doesn’t meet the threshold for him to retain jurisdiction of the case. Not being able to bring them from school and pick them up from school, dress them, hug them, smell them.” Her very public plight has gained widespread attention, including the support of some bold-faced names, including former costars Ed Westwick and Matthew Settle, and even Kim Kardashian.

In May, the stars and tens and thousands of others signed a White House petition to bring Rutherford’s kids back to her. “My children, not only were they taken away, but they were sent to a foreign country,” she continued in the GMA interview. “I don’t even know how you explain to someone what it feels like.” Their kids have been primarily in Monaco with Giersch since 2012 and the former Gossip Girl star filed for bankruptcy in 2013, stating that the costs of fighting the custody battle had depleted her finances.

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