I was listening to Good Morning America and I heard Kelly Rutherford say, “Kidnapping is where no one knows where children are.” This statement is insensitive to the thousands of Internationally abducted children.
There was an International Custody Order that allowed Kelly Rutherford’s children to spend the summer in the United States. This occurred after a conference call between a Monaco Judge and Judge in the U.S. Kelly Rutherford was suppose to ensure her children boarded a plane for Nice on Thursday, August 6, 2015. The moment that Kelly Rutherford decided to disregard the Custody Order, she had the intent to obstruct the lawful exercise of her former spouse’s parental rights. This is an International Family Abduction or an International Parental Kidnapping.
She says it wasn’t kidnapping, but unless her former spouse’s attorney did not got to court to get a writ of habeas corpus (see definition below), Kelly and her attorney Wendy Murphy would have had no problem not returning the children to Monaco.
“A writ of habeas corpus (literally to “produce the body”) is a court order to a person (prison warden) or agency (institution) holding someone in custody to deliver the imprisoned individual to the court issuing the order.”
Kelly Rutherford’s custody of her children is governed by an October 2013 Court Order that apparently no court in the U.S. wants to allow her to modify. If she doesn’t like that custody arrangement, she can’t unilaterally decide she is going to change it by keeping the children. It appears that the Monaco court has claimed venue for this case due to the habitual residence of the children. With that decision pending, it was wrong for her to withhold or kidnap those children. She should respect the U.S. and International Court Systems.