Kelly Rutherford – Parental Alienator – How much evidence is there?

June 15, 2015

“I Skype with them almost every day. I don’t say anything bad about their father but I don’t lie to them either. I wish him the best because of our children.” – Kelly Rutherford

I haven’t seen a copy of the Kelly Rutherford’s 2003 Custody Order that gave her former spouse residential custody of the children. What is apparent that whenever she speaks about alleged parental alienation, she chooses her words very carefully. Rutherford believes her former spouse and father of her children is a weapons and drug dealer. It sounds like she doesn’t say anything bad about them but if you read any of the past articles in the media, isn’t that what she is doing? Furthermore in contested custody cases, how many times have we heard custodial-embattled mothers say: “but I don’t lie to them either.” That sure sounds like something a parental alienator would say. She is now starting to disparage her former mother-in-law who apparently has a close relationship with her children.

Meanwhile, there are reports that the children are doing just fine in Monte Carlo.

“A woman who saw them at a garden party in the hills above Monte Carlo ten days ago said he seemed charming and his son and daughter looked healthy and beautiful.”

Daily Beast -‘Gossip Girl’ Star Kelly Rutherford Clears the Air Regarding Her Custody Drama


Breaking: Rutherford’s Former Spouse will let her spend the summer with her children in the U.S.

June 11, 2015

It sounds like Kelly Rutherford is taking the first step toward the impasse of her International Custody dispute with her former spouse. As the residential parent, her former spouse has agreed to let the children spend the summer in the United States per the terms of the 2003 Los Angeles County Custody Agreement. That should mean that Rutherford will not be making any attempt to keep them in the United States prior when the children start school in the Fall.

To complicate the issue, Rutherford has since moved from Los Angeles to New York which would make the situation more complex. This particular judge, Hon. Mark Juhas previously issued an order granting Kelly Rutherford temporary custody of her children, but that order was since overruled by the presiding Los Angeles County Superior Court Judge. A July 9th hearing has been scheduled to determine if Los Angeles County has authority to make new rulings after Rutherford moved. I am actually surprised that a hearing is needed on this issue since custodial-embattled parents that don’t get the custody that they want in one state usually can’t go venue shopping in another state.

Rutherford’s ex-husband is represented by Los Angeles International Custody Attorney Fahi Takesh Hallin. Hopefuly, Hallin will help to convince Rutherford’s attorneys and Rutherford to de-escalate this situation for the next 2 months. Last summer, Rutherford tried to get the U.S. Federal Court in New York to allow her not send the children back to Europe. That attempt was denied. The worst case scenario would be for the Los Angeles Courts to transfer the case to New York. In a high conflict case, I am sure that Rutherford would like a new venue or forum for her case, especially after she was accused of engaging in parental alienation and not supporting co-parenting. From Rutherford’s recent antics in the media, let’s hope she spends the time with her children this summer and we’re not reading in this fall that her kids want to stay in the United States.

I would hope that Rutherford will keep her kids out of the media to protect their privacy. In Australia, it is illegal for the media to put photos of children that are part of a custody case. That’s not the case in America, but that doesn’t necessarily make that right.


Will the Judge in the Kelley Case Sanction Alan Rosenfeld?

June 11, 2015
Alan Rosenfeld, Underground Attorney

Alan Rosenfeld, Protective Parent Attorney

We have followed controversial protective parent attorney Alan D. Rosenfeld over the years. For whatever reason, in Rosenfeld’s cases, he is almost always asking for sanctions against his opposing attorneys. It seems to be a pattern of behavior of his. In other words, accuse the attorney because based on his legal conduct, he’s surely to eventually get accused.

In the Genevieve and Scott Kelley Kidnapping and Witness Tampering Case, Rosenfeld has accused the prosecution of withholding evidence that Genevieve Kelley’s former spouse is “maliciously manipulating the prosecution to continue his angry vendetta against his former wife”. Huh, the defendant and her new husband kidnap a respected doctor’s and kidnap his child for ten years and Rosenfeld calls the prosecution malicious? And how many searching parents do we know that had their child kidnapped, many for much less than ten years would not be doing everything in their means to assist their local district attorney in their prosecution of their former spouse that maliciously and cruelly kidnapped their child.

In these protective parent cases, the defendants rarely surrender without media coverage lined up. It’s apparent that Elaine Aradillas from People Magazine was given an exclusive by the defendant and Rosenfeld. And even local New Hampshire Reporter of the Union Leader has been a victim to the spoon-fed press releases and email from Rosenfeld and the Kelley Supporters.

We are hoping that Judge Peter Bornstein starts to take control of this case and puts a gag order on all parties. Rosenfeld likes to try these protective parent cases in smaller county court houses in America. We are hoping that potential jurors will not be influenced by the one-sided reporting of People Magazine and other members of the media. We are confident that in 2015, a jury from New Hampshire will be able to ensure that the defendants are held accountable for the ten year kidnapping and the felony witness tampering charges. This verdict is not only important to protecting our family court system and child protection system but  but also to deter others from kidnapping their children.

Union Leader


What will the Judges do in the Kelly Rutherford Case?

June 11, 2015

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.


Kelly Rutherford is still not admitting to Parental Alienationfds

June 10, 2015
Kelly Rutherford

Kelly Rutherford at Recent Conference of Protective Parents

Despite the media blitz for the upcoming conference call between the judge in Monaco and the judge in California over the custody of Kelly Rutherford’s children, the California Judge’s initial order stated:

“Daniel has facilitated the relationship of the children with Kelly . . . and Kelly simply has not done so,”

“[e]ven while under the scrutiny of an extended trial Kelly still has declined to demonstrate the level of commitment to facilitating the relationship that would be required of a residential parent in a relocation situation.”

In 2012, a Massachusetts Attorney, Andrea Dunbar wrote:

“The takeaway from all of this is that judges are extremely concerned with parental alienation and will not hesitate to remove custody from a parent who they believe is attempting to thwart the children’s relationship with the other parent.  Judges in every state are charged with doing what is in the best interest of children, and generally it is in the best interest of a child to have a healthy, loving relationship with both parents.  In my opinion, Rutherford’s media blitz, which in this internet age her children will no doubt someday have access to, has done nothing to help her case or show the Court that she is not attempting to alienate her children from their father.”

Kelly Rutherford has apparently relocated to New York and has a reported new relationship with Tony Brand, an executive for Gucci. For Kelly, I really hope this is a step in the right direction. Rutherford should admit to her part in the parental alienation, mediate a custody agreement with her former spouse and to stop her attack of our Family Court System. She created her situation and now it’s time to back off her approach to bring her kids back to America and start promoting International Co-Parenting. It shouldn’t be an insult to Rutherford that she isn’t the residential parent.

Source:

TMZ / Massachusetts Divorce Law Monitor

 


Breaking: Will the Judge Finally Issue a Gag Order in the Genevieve and Scott Kelley Trial?

June 9, 2015

The prosecutor in the State of New Hampshire v. Genevieve Kelley has moved again to ask the court to issue a gag order in the case. There is an additional request to ask the court to issue sanctions against defense Attorney Alan D. Rosenfeld, Esp.

Over the past two decades, we have followed the case of protective parent trials including those defended by protective parent attorney Alan D. Rosenfeld. Mr. Rosenfeld, has a history of trying these cases in the media and putting the searching parent victim on trial. In virtually all of the cases we have followed, there is rarely any clear evidence against the child’s biological father. That’s because these narcissistic protective mothers somehow incorrectly arrive at the conclusion that if their child’s behavior changed the there child must have been harmed. So it  must be their former spouse’s fault, because it certainly couldn’t be hers. Furthermore, the defendant or kidnapping mother almost always flees, essentially tampering with the investigation before any thorough investigation into the abuse allegations can be completed or even started. This leaves the defense attorney Alan Rosenfeld with little if any credible evidence for the trial, so he uses the media to tell the mother’s fabricated story. In the Kelley case, he couldn’t get the judge to allow him to video tape the child in a deposition, so instead controversial People Magazine Reporter Elaine Aradillas had the now adult child read a letter for a video. He will no doubt try and get the court to admit the video as evidence. Many of us don’t believe the this child even wrote the letter.

At the most recent protective parent conference last month in New Jersey — several speakers recommended that protective parents go to the media rather than Family Court. These protective parent groups don’t necessarily believe in the Family Court and Court Evaluator process. As is once written in the Protective Parent Legal Book for protective mothers in the early ’90s, they encourage the mothers to use multiple forums to tell their story. And now with Social Media / Facebook, these protective mothers have many new forums. We noticed that there is a Free the Kelleys campaign on

At several of the past protective parent criminal trials, the judges have finally issued a gag order after weeks/months of watching Rosenfeld attempt to taint the jury pool. You would think in the Genevieve Kelley trial, that Rosenfeld, Genevieve Kelley and Scott Kelley would be doing everything to protect the 19 year old special needs child involved in this case. It has been reported that the child doesn’t like to be photographed and has a fear of social networks. It appears that one could conclude that the child is now cured or the Kelleys and Rosenfeld are still engaging in witness tampering.

We think it is finally the time that the Judge will issue a gag order in this case. Geneveive Kelley and Rosenfeld have had months to exercise their First Amendment Right. It’s now time for the pro hac vice attorney activist to engage in appropriate court room conduct and for all witness tampering to stop in this case. It’s time that that our judicial process make sure there is justice is this parental kidnapping and witness tampering trial. The enforcement of our parental kidnapping laws are important to not only Americans but to parents and children in every country.

There is a time to protest and a time to look after the rights of children and parents. I respectively have confidence that Coos County, New Hampshire will not allow a medical doctor and hometown boy think they can dictate a verdict by using People Magazine and their small group of anti-government protesters to influence prospective jurors. This is not the ’60s nor is it Ferguson, Missouri. Genevieve and Scott Kelley should not possibly think they can get a Coos County Jury to think that the Spurwink Clinic in the Northeast wasn’t good enough for their custody dispute with the child’s father and that their only legal option was to flee to a beach in Central America to have another child. If Genevieve and Scott Kelley want to tell their story, then I want to see them take the witness stand. Let the jurors hear their narcissistic testimony of how they put themselves above any Coos County Family Court Judge and Law Enforcement Officers.

It’s time to put the gag order on this Defense Attorney and let the trial begin.


Expert Witness in Genevieve Kelley Trial – Joyanna Silberg

June 5, 2015

There is absolutely no scientific evidence that a child can make up a false allegation and believe it based on an alliance subconsciously with someone. That’s just not in the literature. That’s just not how children behave. There’s no evidence they behave that way.” – Dr. Joyanna Silberg

Court Evaluators are given the power that probably they shouldn’t be given.” – Dr. Joyanna Silberg

WTF is Dr. Joyanna Silber talking about?

I noticed that Dr. Joyanna Silberg Ph.D. was listed as an Expert Witness on Defense List for Genevieve Kelley Criminal Trial. As expected in these protective parent trials, I figured there would be some expert witnesses from some of the more extremist child protection groups such as: The Leadership Council Advisory Board, the APSAC Board or this group. In past trials, the testimony of some of these witnesses have been bizarre, mystifying to out right perjury.

Over the years, Dr. Joyanna Silberg Ph.D. has had ties to the protective parent cause. And if you see in the above video, she completely ignores The Sam Stone Study on the suggestibility of young children. Furthermore, it appears that Silberg does not believe in the Family Court Evaluator process. I could only imagine that the systems she wants to replace it with is one of maternal custody. So despite the court deciding that Genevieve Kelley can’t use the affirmative defense, I am wondering what Dr. Silberg is testifying about.

The more important issue is that Silberg appears to be speaking to these custodial-embattled mothers before they go into hiding at these conferences. We’ve seen protective parent attorney Alan Rosenfeld of Colorado at the same conferences and now Silberg appears on the expert witness list for the criminal trial. One could arrive at the conclusion that both Silberg and Rosenfeld are involved at both ends of the Protective Parent Legal Food Chain.

Whatever may be the case, Dr. Joyanna Silberg Ph.D. may be testifying at the criminal trial and will no doubt be providing one-side testimony that the jury will be forced to hear. At that time, everyone especially the media will have an opportunity to categorize it for themselves.

Other Joyanna Silberg quotes in the media:

The lives of thousands of children and mothers have been irreparably harmed by family courts across our nation”  – Joyanna Silberg, Ph.D. (ncdsv.org)
Joyanna Silberg Ph.D. does have her critics. Amy J.L. Baker, PhD. writes on Pyschology Today: Domestic Violence by Proxy: Getting It Right and Getting It Wrong
First, Dr. Joyanna Silberg claims that this is only something that fathers do against mothers as part of an overall program of domestic violence.” – Amy J.L. Baker, PhD.
Joyanna Silberg is the “Psychologist and leading proponent of the idea that Parental Alienation is a fathers’ rights “hoax” or “myth.” – ireport.cnn.com by Glenn Sacks, MA