Judge Ellen Gesmer Rules to Return Rutherford Children to Monaco

American’s Family Court System did the right thing today by acting swiftly and decisively in sending Kelly Rutherford’s children home with Renita Giersch, their grandmother back to Monaco. These children needed to return to Monaco to their habitual residence and so they could start the new school year.

On August 6, 2015, Kelly Rutherford engaged in an International Family Abduction or Parental Kidnapping by violating her International Custody Agreement and not sending the children back to Monaco. Both a Judge in Monaco and in the United States stepped in earlier this year to ensure that agreement was enforced so Rutherford could spend the summer with her children. Unfortunately, for the last five days Rutherford has been intentionally concealing the children from their father and his custody rights.

Today, Judge Ellen Gesmer of the New York Supreme Court held a hearing and ordered Kelly Rutherford to send the children to Monaco. Rutherford has been a litigious custodial-embattled parent that has been unable to accept the Decision made in October 2013 by a Los Angeles County Judge after a very long custody hearing that took numerous days and involved three professional evaluators and a guardian ad-litem attorney to represent the children. For those that haven’t read the Decision it is still available online. It is a very long read but contains some really specific facts that led the court to give the child’s father custody. Unfortunately, Kelly Rutherford was not deemed by the Judge and the Professionals involved with this case to be a suitable parent for promoting coparenting of these children — and that’s putting it nicely. We are not going to detail specifics, because these children deserve their privacy and eventually this order should be sealed by the court. Kelly Rutherford also needs time to heal and refocus her energies at rebuilding her credibility with the Courts.

Currently, there is no International Custody Court and the attempt by the Monaco Court, the U.S. Court in Los Angeles and now Judge Ellen Gesmer’s court in New York to work together is a monumental step in International Custody Cases. Again, we applaud Judge Gesmer for acting swiftly and decisively in this case and shutting down the media circus.

A Custody Hearing will be held in Monaco on September 3, 2015.



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