As they say in high conflict Family Law Cases, the parties are at an impasse regarding the custody schedule of their children. But it also sounds like Kelly Rutherford is not interested in sharing International Custody of her children by “bringing them back to America”. Kelly Rutherford and her attorney Wendy Murphy have appeared to make a desperate attempt by jurisdiction shopping in Los Angeles after the Monaco Court had already claimed International venue in the case. I would imagine neither judge will be very pleased about that. Rutherford and her legal team should be admonished for that.
Monaco appears to be one of the nicest places in the World to raise two children the age of these children. The father’s mother apparently also lives in nearby France and the children appear to have a close relationship with her.
I would imagine that both judges would be interested in getting Kelly Rutherford custody time with her children. That said, with Rutherford’s recent activity with the protective parent groups, I doubt any parent would trust Rutherford with unsupervised visitation in Monaco, France or anywhere else. With Rutheford’s recent move from Los Angeles to New York, if Rutherford were able to get her children in New York, it would not be shocking to see her file for custody in a New York Family Law Court and refuse to share custody of the children. She didn’t like the custody order in Los Angeles and would most likely want to get her case as far away from the California Judge that is aware of past negative behavior in the case.
It appears that Rutherford still believes her former spouse is a drug and weapons dealer. If you call the German trademark he owned a weapon for Google’s Gmail Service, that might be the case. But it doesn’t mean that he isn’t a good father to these children and isn’t looking after their best interests by protecting them from the media. Meanwhile, Rutherford still claims to be telling her children that she “is fighting for them”. That sounds like parental alienation and would be a key reason not to trust her.
I am not sure what the process is in Monaco for changing the custody agreement. Rutherford has certainly upped the stakes in the case in the past several months. It would be really sad to see these children current custody scheduled impacted. As the children get older, they could certainly fly to New York for the summer vacation and for Holidays. Until that time, it’s up to the Family Law court in both countries to encourage Rutherford to de-escalate her actions. A good start would be to surrender the U.S. Passports to a neutral third party and agree not to apply for any new ones. Rutherford’s former spouse has a very experienced International Custody Attorney and I am confident that she will ensure that this case handled for the best interests of these children.
I really hope that media will not accept and print the spoon-fed news coverage in this case from Rutherford’s attorneys and PR representatives. I also hope that the International Family Abduction Community does not support Rutherford. Although neighboring France and even the Netherlands does not have good track record in International Family Abduction Cases, Rutherford put herself in this situation. Her children are not kidnapped, they are living in Monaco because America’s Family Law Court determined it was in their best interests.