Kelly Rutherford Custody Case Rife With Misinformation

August 15, 2015

Lawdiva’s legal commentary on the Rutherford Case from this Canadian Attorney.

Lawdiva's Blog

GEO#1Kelly Rutherford is an American actress who began her career in daytime soap operas, later moving to primetime network television in Melrose Place and Gossip Girls. However, she is much more famous today for her custody battle with ex-husband, Daniel Giersch.

Her court case has enraged media pundits who are slamming the family courts in California and New York, expressing outrage that Kelly Rutherford’s two American-born children were ordered to live in Europe with their father, an alleged breach of their constitutional rights. But if the television “experts” actually knew anything about custody law they would understand that it’s not the courts who are to blame, it’s Ms. Rutherford’s wrongheaded strategy.

A little background… Rutherford had a six-month first marriage and then married German businessman Daniel Giersch in August 2006. Their first child, Hermes Gustaf Daniel Giersch, was born in October 2006. Rutherford was two-months pregnant with their second child…

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Holy Moly did Protective Parent Kelly Rutherford Kidnap Her Children?

August 8, 2015
Kelly Rutherford , Protective Parent, Parental Kidnapper

Kelly Rutherford – A Parental Kidnapper

When Kelly Rutherford first attended a Protective Parent Conference in New Jersey with her controversial attorney Wendy Murphy, there were many of us in the International Family Abduction Community that monitors these cases that predicted that Kelly Rutherford would do this. It has been now over 24 hours since Kelly Rutherford violated her Custody Agreement with her former spouse. She is now a parental kidnapper.

For Daniel Giersch and his highly regarded International Custody Attorney Fahi Takesh Hallin of a law firm in Los Angeles, California, I would imagine that their next step is to go to the Los Aneles Court to get a court order to get Rutherford to turn over the children. This might also fast track the involvement of the FBI for a UFAP Warrant for Kelly Rutherford to find the children, if Rutherford left New York City. This could also be the return of an Elian Gonzalez case where U.S. Marshalls are involved in the recovery of the children.

For Kelly Rutherford and her attorney Wendy Murphy, the question is will they play hide the children? It is doubtful that Giersh will engage in what’s called a “snatch back” as we saw in high-profile case of a U.S. Case in Switzerland. But what kind of life would it be for Rutherford’s children in her New York City Residence? And then there is always the Elizabeth Morgan copycat crime where she sends the children into hiding and she goes to jail.

Okay, Kelly and Wendy, summer vacation is over. Send the children back to Monaco and Kelly can now have a lifetime of supervised visitation until her children are eighteen. You can never be trusted again.

I really urged Kelly Rutherford to take the high road and turn her situation into one promoting International Custody. Had she done that, her little girl and son would be on the flight to NYC as often as possible. Unfortunately, it’s probably too late.

The Editor


Kelly Rutherford’s Husband’s Lawyer – Her Statements are “Unfortunate” and “False”

July 20, 2015

Kelly Rutherford is trying to associate herself with the Sean and David Goldman Child Abduction Prevention and Return Act that went into effect in August 2014. While I admire Kelly’s support of this cause, her claim on Capitol Hill that her kids are living in exile is ludicrous. Here kids are living in Monaco and attending one of the most exclusive private schools in the World because a California Court deemed that it was in the “best interests of her children”.

In International Child Custody disputes, it should not be an all-or-nothing proposition. As the children get older, the parenting arrangement can and should move toward more custody time with the non-residential parent. But Rutherford wants sole custody of her children now and wants to kidnap them from their habitual residence. After calling her former spouse a weapons and drug dealer, she is no longer using that strategy. She is using the “exile” card and trying to lobby the support of the U.S. Congress yet she has not openly admitted to wrongfully engaging in parental alienation or any Family Court misconduct.

I have to ask myself, how is Kelly Rutherford engaging in co-parenting when she is spending the summer with her children and claiming her children are living in exile. Both her 8 year old and 6 year old are old enough to read, how can that be good for any children?

In my opinion, it’s up to Kelly Rutherford to regain her level of trust and her ability to co-parent with all the judges involved in this case. By doing so, maybe the judge will increase her custody time with the children. In less than a month, those children are scheduled to start school in Monaco. I acknowledge that it’s going to be difficult for Kelly to get her kids on that plane back to Monaco. But a really good co-parent would be doing everything possible to make it easier for those kids. If one were to video tape that scene and compare it to the child’s departure in Monaco — I believe it would be clear why the children are living in Monaco today.

Editor’s Note: I would really like to see Kelly Rutherford move her focus to an International Custody Court to promote International Co-Parenting of children. I’ve heard of custody agreements where children spend six months in each country. Inasmuch as that’s probably not in the “best interests of the children”, telling the world and your children that they are living in exile with their father isn’t either. There are many celebrities that can and do settle their differences without involving People Weekly Magazine and Capitol Hill. It’s also not good in any country to publicly criticize a judge as well as the U.S. Justice System like Rutherford has during her six year custody dispute.

“I can only see this as a legal kidnapping by a California judge forcing my children to live abroad for so long that the other countries seize control over their lives. I just ask each of you here today how it is possible that two American citizens have been ordered by their own government to live in exile in a foreign country?” — Kelly Rutherford

Again, it’s time for Kelly Rutherford to step up and start focusing on International Co-Parenting and International Joint Custody! As her former spouse’s lawyer says: her statements are “unfortunate” and “false”. I agree with her lawyer. Both she and her former spouse have much to offer these children. It’s time she keeps her eye on the primary goal here.


Why Parent’s shouldn’t Kidnap their Children – Genevieve Kelley Still Begging for Money

July 9, 2015

Genevieve and Scott Kelley and their supporters appear to be still asking donors to give them money on their Facebook page. This is insulting for two convicted parental kidnappers to be promote themselves as victims. Because of their actions, they caused the State of New Hampshire and the U.S. Government to spend hundreds of thousands of dollars. Had they merely abided by the court order and taken the young child to clinic for evaluation, then they wouldn’t be in this situation today.

If they need money, then they can’t be adequately caring for their 19 year old adult child that was their admitted victim in their parental kidnapping conviction. I understand unlike in other cases, the adult child is yet to reunify with her biological father.

It’s apparent that we need new legislation for the International Parental Kidnapping Crime to not only deter others from committing this crime but to ensure that the victim child is properly cared for upon recovery. If there is any lesson learned from the 10 year kidnapping of the child, that’s one of them. I would think the other is what not to do.


Kelly Rutherford Shouldn’t Be Exploiting Her Children in the Media

July 9, 2015

Kelly Rutherford is turning her summer custody time with her children into a reality Internet event. This is not in the spirit of co-parenting. You can see the children bike riding in New York’s Central Park and in the streets of the Big Apple. But even children of celebrities rightfully deserve their privacy. Meanwhile, she appears on the View where children are able to see her disparage the custody arrangement.

She is also playing the America card, saying that the children are being deprived as Americans. But they are also half German/European. Their habitual residence has been in Europe for the past four years. They attend one of the best schools in Europe and it appears that the father has taken great care of them.

It seems like this is an all or nothing deal with Kelly Rutherford as a proclaimed protective parent. Four years ago, she engaged in behavior in the Family Court that put her in this situation. At no time in the past several years, has she acknowledged that deviant behavior. She has gone to Federal Court, Washington DC and the Media.

We would hope she enjoys her summer with her children and makes peace with her former spouse. In our eyes, the California Judge in this case made the right decision by awarding her former spouse residential custody of the children. For any judge to change that now because of her celebrity status would be morally wrong.


Kelly Rutherford Lost Custody in California Court – Will Washington Capitol Hill Influence Case?

June 30, 2015

Kelly Rutherford was able to get a meeting on Capitol Hill in a panel discussion convened by Rep. Sheila Jackson Lee (D-Tex). In attendance were Rep. Chris Smith (R-N.J.) and Ted Lieu (D-Calif).

If Kelly Rutherford’s goal were to promote International Custody Agreements, that would be a good thing. Instead, what appears to be the issue that Rutherford warning American Women on the risks of marrying a Foreign National.

Rutherford jokingly suggested that by sharing her harrowing tale, she might prevent the pattern from repeating. “I see a lot of young women here today who will probably never marry a foreigner after hearing these stories,” she laughed. “They’re cute. The accents are amazing — but they’re expensive accents.”

I also see Kelly Rutherford blaming someone else for her situation rather than accepting ownership of her actions that put her in this situation. Her children have been in a private school with their habitual residence in Monaco for the past several years. She has also been accused of parental alienation court documents and by the Family Law Judge in the case.

We have seen local politicians get involved in parental kidnapping cases in the past. I recollect Chris Smith (R-N.J.) assisted the recovery of a child in an International Kidnapping Case. However, I personally believe that the Monaco Court Judge and the California Judge despite Kelly Rutherford’s intentions can ensure a International Custody Agreement is created and adhered to by all parties in this case. Kelly Rutherford is a celebrity and she should be held to a higher standard. She should not be able to use her status as a celebrity to obtain residential custody of her children. As the children get older, their needs will change and because of her recent move to New York City, those children should be able to experience both sides of the pond. I don’t see a reason that these judges will change the children’s habitual residence.

At some time in her children’s lives, she must stop her custody dispute and move along. She would be a far better cause celeb for promoting International Co-parenting Custody Agreements.


Breaking: Kelly Rutherford’s Kids to Spend the Summer in the U.S.

June 24, 2015

The first step toward an International Custody Agreement being co-administered by two judges in two countries moved Laura Sparkesforward 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.