Kelly Rutherford Can’t Fight for Custody of Her Kids in California—but Is …

24 Jul 2015 | Author: | No comments yet »

California judge says he can’t intervene in actress Kelly Rutherford’s global custody dispute.

A judge just awarded her ex-husband Daniel Giersch what seemed to be a victory in their ongoing custody battle, ruling that California does not have jurisdiction over the case. The Gossip Girl actress’ 8-year-old son, Hermes, and 6-year-old daughter, Helena, have been living with their father, Daniel Giersch, in Monaco for the past three years, and Rutherford has been fighting to bring them back to the States ever since.Kelly Rutherford attends City Harvest’s 21st Annual Gala – An Evening Of Practical Magic at Cipriani 42nd Street on April 30, 2015 in New York City. (credit: Andrew H. Walker/Getty Images for City Harvest) LOS ANGELES (CBS/AP) — A Los Angeles judge says he doesn’t have the authority to make new orders in actress Kelly Rutherford’s international child-custody battle because she has moved to New York.

Glass tells Us Weekly that a judge ruled that Rutherford no longer has the right to fight for custody of her son Hermes, 8, and daughter Helena, 6, in the state of California. Rutherford, 46, and Giersch currently share custody, but a California judge sent the children to reside abroad with Giersch in 2012 because his U.S. visa had been revoked. 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. 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.

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.” “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. We are pleased that at long last this legal atrocity has been extricated from the grip of California’s horrific family court system.” Giersch’s attorney, Fahi Takesh Hallin, said in a statement: “Daniel will continue to promote Kelly’s relationship with the children. 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.

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. I just ask each of you here today how it is possible that two American citizens have been ordered by their own government to live in exile in a foreign country?”

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