Ever since Kelly Rutherford, and TV legal correspondents Wendy Murphy and Dan Abrams started their media campaign in a ridiculous attempt try and get an American Court to change her custody order, there has been so much misinformation in the media. Below is an interview with Family Law Attorney Kelly Chang Rickert. Rickert discusses the ongoing struggles of Kelly Rutherford over the custody of her two children with Daniel Giersch, a German businessman living in Monaco.
1) Once a court is determined to have jurisdiction over a matter, other courts will not intrude and make conflicting orders. “That would lead to forum shopping.” Under the Uniform Child Custody Jurisdiction and Enforcement Act, the rules are clear.
2) Rickert says that no court will pay any attention to the argument of Rutherford’s lawyer that the children, as U.S. citizens, have a right to live in the U.S. “There is no fundamental constitutional right to live in the United States.” It’s important to remember that this is a custody case, and the magic words are “best interest of the children.”
4) As to the future, Rickert thinks the fighting needs to stop. The parties have spent over $3 million in attorneys’ fees so far, and there’s no indication that anything much will change with further litigation. Rutherford’s best option at this point might be to work on fostering a better relationship with her ex-husband and working to get more parenting time that way.
5) There must be a substantial change in circumstances for Rutherford to change her custody order. See: Montenegro v. Diaz
Kelly Rutherford’s Child Custody Case: Monaco Trumps California, Says NY Judge (ALB Network, 08-14-2015)