The first step toward an International Custody Agreement being co-administered by two judges in two countries moved forward in the Kelley Rutherford’s Custody Case. Her former spouse Daniel Giersch and his International Custody Attorney Fahi Takesh Hallin of Harris, Ginsberg LLP took the matter before the Monaco Court. Kelly Rutherford’s kids will spend the summer in the United States per her 2012 court ordered custody agreement as they have for past summers. Many of us in the International Family Abduction Community had suspected that Kelly Rutherford and her attorney Wendy Murphy would keep the children in the United State and continue to go jurisdiction shopping this summer. They might possibly attempt to change the venue to a new Family Law Court in New York City effectively holding her children hostage or kidnapping before the start of their school in Monaco this Fall.That occurred last summer and there is no reason to believe that would not be the case this summer.
But by going to the Monaco Court and getting the court to order the visit, that should significantly decrease the odds that Rutherford and her legal team would do that. Despite Rutherford’s support for the protective parent cause, kidnapping her children is not a reasonable legal option for her. There should not be any reason to change the children’s habitual residence. The children appear to be well taken care of living in one of the most wealthiest communities in the World and attending a very respected private school.
What is bothersome is that Rutherford and her attorney Wendy Murphy are still disputing that Monaco has jurisdiction of the case. What is clear is that if Rutherford were not to return the children, then it is more than likely she would be arrested for kidnapping the children. Local law enforcement would more than likely honor the Monaco Court Order. The Family Law Judge in Los Angeles would find her in violation of the court order and it is possible Rutherford would would lose any custody rights. The ruling in Monaco should prevent her from any future jurisdiction shopping while holding the children hostage. Protective Parents and Parental Kidnappers have been known to use this tactic, but hopefully Rutherford will not go this route.
Last summer, before returning the children, Rutherford tried to take the matter to the U.S. Federal Courts. But that attempt at jurisdiction shopping was denied as it should have been.
There is past evidence that Kelly Rutherford has and still is engaging in parental alienation of her children. Most custodial-embattled parental alienators never admit to or acknowledge their behavior. In the meantime, it appears her former spouse has done a very good at not only promoting his International Custody Agreement but has also done a great job providing for his children and most importantly doing everything possible of protecting the privacy of his children. From her media interviews to the photos of her children in the media, Kelly Rutherford and her attorney Wendy Murphy are not doing just the opposite. Let’s hope with the start of the School year, Kelly Rutherford starts thinking more about taking responsibility and ownership of her past actions and moving on with her life.