It sounds like Kelly Rutherford is taking the first step toward the impasse of her International Custody dispute with her former spouse. As the residential parent, her former spouse has agreed to let the children spend the summer in the United States per the terms of the 2003 Los Angeles County Custody Agreement. That should mean that Rutherford will not be making any attempt to keep them in the United States prior when the children start school in the Fall.
To complicate the issue, Rutherford has since moved from Los Angeles to New York which would make the situation more complex. This particular judge, Hon. Mark Juhas previously issued an order granting Kelly Rutherford temporary custody of her children, but that order was since overruled by the presiding Los Angeles County Superior Court Judge. A July 9th hearing has been scheduled to determine if Los Angeles County has authority to make new rulings after Rutherford moved. I am actually surprised that a hearing is needed on this issue since custodial-embattled parents that don’t get the custody that they want in one state usually can’t go venue shopping in another state.
Rutherford’s ex-husband is represented by Los Angeles International Custody Attorney Fahi Takesh Hallin. Hopefuly, Hallin will help to convince Rutherford’s attorneys and Rutherford to de-escalate this situation for the next 2 months. Last summer, Rutherford tried to get the U.S. Federal Court in New York to allow her not send the children back to Europe. That attempt was denied. The worst case scenario would be for the Los Angeles Courts to transfer the case to New York. In a high conflict case, I am sure that Rutherford would like a new venue or forum for her case, especially after she was accused of engaging in parental alienation and not supporting co-parenting. From Rutherford’s recent antics in the media, let’s hope she spends the time with her children this summer and we’re not reading in this fall that her kids want to stay in the United States.
I would hope that Rutherford will keep her kids out of the media to protect their privacy. In Australia, it is illegal for the media to put photos of children that are part of a custody case. That’s not the case in America, but that doesn’t necessarily make that right.