NY custody fight: ‘Do the right thing’

24 Jul 2015 | Author: | No comments yet »

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

“Gossip Girl” actress Kelly Rutherford took her custody battle to New York family court yesterday after a judge in California ruled that state no longer had jurisdiction in the long-running battle over where her children should live. 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. We are pleased that at long last this legal atrocity has been extricated from the grip of California’s horrific family court system,” Murphy told the Track. “Now we hope and expect the New York courts, and Secretary of State John Kerry’s office will protect the children from further harm and ensure that they are able to reside in their own country, where they belong.” Rutherford has been fighting a three-year custody battle ever since a California judge sent her two kids, Hermes, 8, and Helena, 5, to live in Europe with their father, Daniel Giersch, who is a German citizen.

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! 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.

Nobody?” she said. “That would be a little nutty and a lot illegal — especially given that Monaco already ruled that it will not respect American law at all.” 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. 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.

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. As always, Daniel will continue to guard the privacy of the children, in their best interests and for their safety.” Rutherford and Giersch split up in 2010 after roughly four years of marriage. 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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