Several news sources are reporting that another California Judge has undone the temporary ex parte Custody Order that had been granted to Kelly Rutherford on the Friday before the Memorial Day American Holiday Weekend.
Those of us in the Family Abduction Community that have followed these International Custody Cases thought that the ex parte order that Kelly Rutherford’s legal team received last Friday didn’t pass the smell test. With an ex parte order, no notice of the hearing was given to her former spouse’s legal team. So as Wendy Murphy, Nancy Grace, Dan Abrahams, Kelly Rutherford and her celebrity friends were celebrating in social media, I had personally not underestimated Daniel Giersch’s attorney Fahi Takesh Hallin. His attorney is considered one of the best International attorney’s in country. As I suspected with the Holiday Weekend, it would not have surprised me that Rutherford’s Defense Team might have known that the presiding Family Law Judge and possibly even Giersh’s attorney were out of town. I don’t have personal knowledge that they were out of town, but for almost anyone that has been involved in contested Family Law Case, this sounded like a typical legal tactic. Meanwhile, Rutherford and her legal team have played the media like the violin. But then, that was probably the strategy all along. Rutherford appears to be more interested in a media strategy than a legal strategy.
These Family Court tactics or antics are usually not good for a plaintiff like Kelly Rutherford. On the other hand, the Monaco Judge and the California Family Court Judge will now be speaking to each other. That may also have been the strategy. It is also being reported that Rutherford and her legal team may have known that Monaco already had jurisdiction over the custody case.
“His lawyer, Fahi Takesh Hallin, filed documents showing that a Monaco court now has jurisdiction over the children and claimed that Rutherford “made fraudulent statements, and lied and made misrepresentations by omission” to gain temporary custody.”
One last thing that has bothered me about Kelly Rutherford. The children appear to be very settled in their habitual residence country and are attending a very exclusive private school in Europe. As Rutherford appears to have time to attend media events all over the United States and is plastering her kids photos all over the World, the children appear to be well taken care of by their biological father and his extended family. I don’t think any kids in the World would want their photos in the media or on the Internet for their parent’s divorce. It appears that Kelly is still not accepting the California Judge’s ruling from 2012 and has done very little to demonstrate to the court that she can share custody of these children and she is thinking in the best interests of her children.
We would really like to see Kelly Rutherford take some ownership in her part in escalating this situation. With her kids living in Monaco, we would like to see her become a role model for parents sharing International Joint Custody of their children. In my opinion, that’s the only good that could result of this situation.