Why Kelly Rutherford’s Attempt to Change Custody Didn’t Work

August 12, 2015

Kelly Rutherford, Parental Alienation

Kelly Rutherford

Wendy Murphy

Wendy Murphy, Attorney, TV Legal Analyst

Dan Abrams

Dan Abrams, ABC Legal Analyst

Kelly Rutherford, People Magazine

People Magazine

TMZ Kelly Rutherford

TMZ

US Weekly

US Weekly

E Online

E Online

In April of this year, we learned that Kelly Rutherford and her Attorney Wendy Murphy would be speakers at a Battered Mothers Custody Conference in the Northeast. At the time, we were surprised to hear that Rutherford would be attaching herself to this activist group known as “protective parents”. This group has long been known to promote their cases in the media as well as not discouraging acts of civil disobedience to raise attention to their case. Most of these mothers have non-residential custody or are the non-custodial parent, mostly because of their lack of respect for a Family Court in their custody cases. At their recent conference, most of the speakers said that you must use the media in your efforts.

Kelly Rutherford did not get residential custody of her children after a long and grueling custody trial that ended with the October 2013 Statement of Decision by the Los Angeles County Judge. Many of us have now read this custody order which is normally sealed by the stipulation of both parties. In the Summer of 2014, Kelly Rutherford used Attorney and TV Analyst Wendy Murphy to bring her matter to the Federal Court and Media, since returning to the Los Angeles Court was not a realistic option. As expected, the Federal Court does not want to involve themselves in Family Court or Child Custody Cases.

So this summer, Kelly Rutherford went on a public relations or media tour of all the Entertainment Magazines (People/Dana Kennedy, TMZ, E Onine, US) with the message that her children are “living in exhile” in a Foreign Country. She wanted a change in custody because she didn’t want to abide by the 2013 Decision. For most of us in the Family Abduction Community who have seen many of these cases over the years, that statement is ludicrous for children with dual-citizenship. Nevertheless, Rutherford even enlisted the assistance of her friend, Dan Abrams, the ABC News Legal Analyst. Abrams’ wife works for Gucci and Rutherford’s current boyfriend is Tony Brand of Gucci, but that’s a separate story.

In the last several days, we noticed that Dan Abrams was calling Rutherford’s Case a “State Department issue”. But for those of us in the Family Abduction Community, we know exactly what Abrams was trying to do. If the State Department got involved like it did in the Elian Gonzalez Case, Rutherford would likely keep custody of her two children in America until things could get sorted out. That could be months as Rutherford would enroll them in a new school in New York. Abrams did not believe both the Los Angeles and New York Courts would enforce the Monaco Custody Order, since both refused to re-open the 2013 Custody Case as Rutherford wanted.

But Justice Ellen Gesmer of the Manhattan Supreme Court did exactly that. She ordered a writ of habeas corpus for Kelly Rutherford to deliver children to court. Judge Gesmer was going to show the World that the United States or the Manhattan Supreme Court would enforce the Monaco and Los Angeles 2013 Court Order decisively and swiftly.

“Definition: 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.”

For those of us in the Family Abduction Community, we applaud the efforts of Judge Gesmer. For Searching Parents of International Custody Cases, once they have a location of their American Born or even Foreign Born Children, we want International Judges to enforce those U.S. orders as decisively and swiftly as Judge Ellen Gesmer did. We don’t want our kidnapped children that are victims of International Family Abductions to be caught up in red tape of the Foreign Governments or even the Hague Convention and especially the U.S. State Department. As all of us know, sometimes months or even years pass as our children are not rightfully returned to the custodial parent.

So this summer before Daniel Giersch sendt his children to America, it appears he had wanted more guarantees from Kelly Rutherford and her lawyers that she would not try and kidnap or keep them in America. For the past two years or more, that’s been the case. Additionally, if you read the Decision, Rutherford has also withheld custody a number of times which is a Family Abduction or parental kidnapping. This year, a Monaco Judge and one in Los Angeles had a historic International Custody conference call to ensure the children made it to America for their custody time with Kelly. So when Kelly did not send the kids back to Monaco this week, that certainly would not have looked good for the American Legal system if the kids were not immediately returned to Monaco.

This custody case if far from over. But this is why we believe this summer’s Change of Custody Attempt by Kelly Rutherford did not work.

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Breaking: Kelly Rutherford says Judge Gesmer was Cruel & Uncaring

August 12, 2015
Kelly Rutherford

Kelly Rutherford says Judge was Cruel & Uncaring

Kelly Rutherford is ripping into the judge she says effectively “arrested” her children, and sent them back to their father … who she claims lied to the court to get his way.

Rutherford says Judge Ellen Gesmer’s ruling to send the kids back to Daniel Giersch was “shocking, illegal, and abusive to my children.” She adds that Gesmer “lacked sufficient knowledge of the law, or didn’t care that she was violating the law.” She insists the ruling violates the Constitution because the children are U.S. citizens.

Rutherford also says her ex lied so he could get an emergency order. She says Giersch told the court he didn’t know where Kelly and the kids were, but she says the truth is … he Skyped with the kids several times, and always knew they were safe. She saved her last jab for Gesmer, saying … “She has to live with herself, and if she has a conscience, I suspect she will not sleep well, ever again.”

Kelly Rutherford is ripping into the judge she says effectively “arrested” her children, and sent them back to their father … who she claims lied to the court to get his way. Rutherford says Judge Ellen Gesmer’s ruling to send the kids back to Daniel Giersch was “shocking, illegal, and abusive to my children.” She adds that Gesmer “lacked sufficient knowledge of the law, or didn’t care that she was violating the law.” She insists the ruling violates the Constitution because the children are U.S. citizens. Rutherford also says her ex lied so he could get an emergency order. She says Giersch told the court he didn’t know where Kelly and the kids were, but she says the truth is … he Skyped with the kids several times, and always knew they were safe. She saved her last jab for Gesmer, saying … “She has to live with herself, and if she has a conscience, I suspect she will not sleep well, ever again.”

Kelly Rutherford is ripping into the judge she says effectively “arrested” her children, and sent them back to their father … who she claims lied to the court to get his way. Rutherford says Judge Ellen Gesmer’s ruling to send the kids back to Daniel Giersch was “shocking, illegal, and abusive to my children.” She adds that Gesmer “lacked sufficient knowledge of the law, or didn’t care that she was violating the law.” She insists the ruling violates the Constitution because the children are U.S. citizens. Rutherford also says her ex lied so he could get an emergency order. She says Giersch told the court he didn’t know where Kelly and the kids were, but she says the truth is … he Skyped with the kids several times, and always knew they were safe. She saved her last jab for Gesmer, saying … “She has to live with herself, and if she has a conscience, I suspect she will not sleep well, ever again.”

Read More

Source:

Kelly Rutherford Statement (Kelly Rutherford, 08-12-2015)


Judge Ellen Gesmer Rules to Return Rutherford Children to Monaco

August 11, 2015

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.

#stopfamilyabduction


Breaking: Rutherford Children are 10 Minutes Away

August 11, 2015

Justice Ellen Gesmer closed her courtroom to the media in the Kelly Rutherford hearing this morning. She also angrily asked Kelly Rutherford where the children were. Daniel Giersch’s mother, the children’s grandmother had come from France to New York City to care for the children during the hearing. But Rutherford ignored the court order and did not bring the children.

It is doubtful that Judge Gesmer would allow Kelly Rutherford to leave her courtroom today without bringing over the children. Hopefully, there is a back entrance to the courthouse away from the media.

This is Family Abduction and we hope that Judge Gesmer does the right thing and allows the children to return to Monaco with their grandmother. Hopefully Judge Gesmer will find a way to work with the Monaco courts to create an International Custody Agreement.

#stopfamilyabduction


Judge Ellen Gesmer to Hear Kelly Rutherford Case Today

August 11, 2015

The New York Daily News is reporting that Judge Ellen Gesner of the Manhattan Supreme Court granted Daniel Giersch’s writ of habeaus corpus or notice to appear that ordered Kelly Rutherford and her kids to court today. There are no reports that Kelly Rutherford received service or notice, but at approximately 6 p.m. Eastern Time, she re-tweeted one of Dan Abrams (@danabrams) posts on her Twitter Account (@kellyrutherford). That must mean she was online after the 3 p.m. service deadline and most likely received her Facebook message or email notification about today’s court hearing.

Judge Ellen Gesner

Judge Ellen Gesmer

Judge Ellen Gesmer is a Harvard B.A. / Yale J.D. Grad (bio). The Manhattan Supreme Court Judge has presided over some recent high-profile, high-conflict Family Law cases including: Rupert and Wendi Murdoch and Bethenny Frankel.

Editor’s Note: Family Abduction or International Family Abduction is a serious crime. We hope Justice Gesmer does the right thing and puts the young Rutherford children on a plane to Monaco. I would imagine that Giersch will have a plane waiting. It would be great to see Rutherford & Giersch finalize an International Custody Agreement between the NYC and Monaco Courts with both having jurisdiction. That would be ground breaking and for the best interests of these dual-citizenship children.

As a member of the Family Abduction Community of Searching and Recovering Parents, I am horrified at the number of members of the media, lawyers, legal analysts and parents that don’t realize that Kelly Rutherford has committed a Family Abduction Crime by violating the court order and withholding the children. Alleged or not, it is a crime against these innocent children that love both parents. These children shouldn’t be used as pawns.

Source:
Kelly Rutherford could face arrest if she doesn’t bring kids to emergency court hearing requested by ex-husband: sources (New York Daily News, 08-10-15)