Kelly Rutherford granted custody of children after long battle with ex

25 May 2015 | Author: | No comments yet »

Actress Kelly Rutherford Granted Sole Custody Of Children.

After living in France and Monaco with their father, Daniel Giersch, since 2012, Hermes, 8, and Helena, 6, will soon return to the U.S. to be with their mother after a California judge granted her sole custody, TMZ reports. The former Gossip Girl actress has been given sole legal and physical custody of the kids ahead of another court hearing on June 15, when Giersch or his representative are required to be present, according to the judge’s ruling. “We are ecstatic, and hopeful that Monaco will respect the California court’s ruling and send the children home,” Rutherford’s attorney Wendy Murphy told People. By 2013, a court ruled he no longer had to foot the bill for the children to visit their mother in America. “I can sit here and tell you how often I cry,” the 46-year-old actress added. “I can tell you how it feels to leave my kids in a foreign country, to go see them after not seeing them for weeks on end, not being able to take them to school, pick them up from school, dress them, smell them, hug them.” “I told my son … ‘You know, mommy is still fighting for you,'” she told ABC News in April. “My children, not only were they taken away, but they were sent to a foreign country. This change in custody comes after the actress reportedly tried to visit the kids on Thursday, but was turned away by her ex husband unless she gave their passports to someone from his team.

PEOPLE reported that a former lawyer for Rutherford had told the State Department Giersch was involved in illegal activity, resulting in the revocation of his U.S. visa. It has long been our position that Monaco has no jurisdiction because Hermes and Helena, as American citizens, have an absolute right to live in their own country,” Rutherford’s lawyer Wendy Murphy tells PEOPLE. “If the citizenship shoe were on the other foot and these children were citizens of Monaco, I have no doubt the United States would respect their right to reside in Monaco. “Monaco officials know that sending the children back to America is the right thing to do.

Giersch was supposed to reapply for a visa; a State Department spokesperson told PEOPLE he never did. “I’ve always wanted my kids to have a relationship with him, and I’ve really only encouraged that all along. When I went into court, I never asked for money, and I never asked for full custody,” she told PEOPLE in April. “I just wanted what was right for them and their well-being moving forward.

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