The Kelly Rutherford custody battle is a complicated one and I probably can’t do it justice in a few sentences. Here are links to more background if you’re interested. Rutherford’s ex, a German man named Daniel Giersch, was granted custody of their two children in 2012. Technically Rutherford has 50/50 custody, but since a judge ruled that the children would live with their father, who resides in Monaco, Rutherford must either travel to Monaco to see them or see them during the summer when they stay with her in New York. The judge placed the children with their father because Giersch is unable to get a visa to stay in the US. Rutherford has since filed for bankruptcy, citing massive legal bills from this custody battle. (She’s had some TV roles since Gossip Girl wrapped but apparently she hasn’t been making enough to keep up.)
Now Rutherford has filed a last minute emergency custody order trying to keep the children, Hermés, 7, and Helena, 5, from returning to their father on August 19th as scheduled. She filed an “emergency petition with the US District Court asking The Attorney General and the Secretary of Homeland Security for a temporary restraining order to keep her children in the US.” I don’t understand what that means exactly but Good Morning America’s legal expert called it “a clever attempt… to circumvent the state court family law judge and go to the Federal courts claiming her children were deported.” So I guess she’s trying to go over the head of the judge who essentially stripped custody from her by sending her kids to Monaco.
Kelly Rutherford has launched a dramatic legal bid to stop her son and daughter from ever returning to France where they live with her ex-husband – while the children are on holiday with her in New York.
The former Gossip Girl star has filed for an emergency motion to get custody before she has to put them on a plane on August 19.
That gives her just a week to convince a judge that her children had been ‘illegally deported’ to France by a California court which ruled they should live there with ex-husband Daniel Griesch.
The move is likely to enrage Griesch who potentially faces never seeing his seven-year-old son and five-year-old daughter again as he cannot travel to the US due to visa problems.
Having put them on a plane so they could spend time with their mother, if Kelly is successful in her attempt to keep the children in the US, he faces unimaginable heartbreak.
The court documents seen by MailOnline are the latest twist in a bitter battle that has gone on since Rutherford, 45, and Griesch, 39, a German businessman, divorced in 2010 after four years of marriage.
It has left Rutherford emotionally exhausted, desperate and having filed for bankruptcy with $2 million in debt after spending all her earnings from Gossip Girl on legal fees and flights to France to see her children.
MailOnline can reveal that Rutherford has filed a lawsuit at the Federal Appeals Court of the Southern District of New York in Manhattan on behalf of herself and her children.
She has sued the US government, including Attorney General Eric Holder and Jeh Johnson, Secretary of the Department of Homeland Security, because she claims that an earlier ruling by a California Superior Court judge that her children should live in France was unlawful. Only federal courts can deal with matters of deportation. she argues.
She wants the US District Court in New York court to grant her ‘temporary emergency authority’ over her children and an order saying the previous ruling was ‘unconstitutional’.
In strong language, Rutherford said it amounted to an ‘illegal deportation’.
The lawsuit states: ‘Emergency relief is necessary because the children are currently physically located in New York, but they are required to return to France on August 19, 2014…
The Daily Mail has more on the lawsuit and Kelly’s legal argument if you’re interested. I feel for her, but we are only seeing one side of this story. The kids live with their dad and their grandmother (Giersch’s mom) in Monaco, they’ve lived there for two years. Are they supposed to stay with their mom now and never see their dad or his side of the family again? I don’t understand how Kelly wasn’t able to amicably work out a custody agreement with their dad, but again I don’t know what she’s going through and I’m not in her position. Many parents, dads and moms, have unfairly lost custody and visitation with their children in bitter custody battles. It’s just sad and can be incredibly disruptive for kids when divorced couples are unable to coparent.
photo credit: WENN, Getty and FameFlynet
It is a complicated story, but my understanding is that she wasn’t willing to share custody and vindictively ensured he was deported in an effort to cut him out of their lives. It backfired, and the kids ended up in Monaco with him most of the year. I do feel for her and the children, but there is a lot of ugliness to this story.
Yes-I’m remembering something about her getting him deported: be careful what you wish for.
Exactly!!! She got him deported trying to do some parental alienation and it backfired badly. On top of that, she lost a ton of money. I won’t take sides, but this is a very complicated story and I wish they would put their kids first.
@Miss M
Don’t forget the abominable way she treated her first husband.
Kelly’s creepy and will stop at nothing to get her way
I can’t think of anything but that whenever I see her. That, and the accent aigu where the grave is supposed to be in her kid’s name.
Something about this woman just ain’t right. You can see it in her eyes. There’s a reason the kids are with their father.
This story always bothered me a bit, but I hadn’t heard that she had caused him to be deported. I think that if one parent tries to alienate the other and refuses to encourage a meaningful relationship with the other, primary custody should be swapped (provided the other parent is a willing and capable parent, that is). This is how it generally works where I’m from. I don’t know anything about the laws in their jurisdiction, but the decision makes much more sense if its true that she had a hand in getting him deported!!
I believe she falsey accused him of working with some “bad guys” because the accusations alone get your visa revoked but once it was investigated they discovered that the accusations weren’t even true.
and she never told him about the birth of their second child
didn’t she also intentionally not let him know when the son was born?
way back before this got out of hand, she couldnt have rented an apartment in monaco for the times when she wasnt working? if he cant legally stay in the US, im not sure what he is supposed to do
i know people w/ less means who did the equivalent. it’s easier for her to go to europe when she has 3 mo off than a hairdresser quitting their job in CA and starting over on the east coast to be near their kids.
If I remember correctly, she had a hand in his visa issues.
I wish we could force divorced parents to remain in the same city/region. My little one is so close to both his father and I, I can’t imagine what it would do to him not to see one of us for an entire week, let alone months. And of course not seeing him would destroy us too!
She did everything she could to get the father of her children deported…
There’s already a way to do that – it’s called staying married.
In Michigan by law parents must stay within 100 miles of each other
In my jurisdiction in Canada it is incredibly difficult for one parent to move the children away from another parent who is involved in their lives. They have to show that the move would be in the best interests of the kid – one recent case saw a parent unable to move with her children when her long-term new spouse was posted to a different country because of his job in the military. She had to leave the kids with their dad or stay in the jurisdiction.
isn’t she the reason he’s having visa problems in the first place?
sad for the children 🙁
So sad. The children lose either way.
That’s what I thought too. The deportation thing would prohibit him from getting one for 5 years or something wouldn’t it?
Whether she did some shady stuff or not, those kids are American citizens who had been abducted by their father to a foreign country. Beyond, beyond weird. I have read that courts can’t do much if a parent takes a child because it’s not considered kidnapping, but still…
As far as I know, he didn’t abducted his kids. I believe he won in court. She is not this Saint people think she is…
They were not abducted. The father was cooperative with the court. She’s been the uncooperative parent. I think he actually pays or helps pay for her living expenses when she visits. Whatever the judge orders, he seems to do. Her- not so much. She’s brought all of this on herself.
Um, what? The children weren’t been abducted by anyone. Their father didn’t snatch them out of their beds, sneak then on a private plane & run off to some country that refuses to cooperate with the US gov’t. Rutherford accused her ex of being shady & he was deported. Because he can’t come to the US now (thanks to her) a family court judge determined it was in the entire family’s best interest for the childrens’ primary residence to be with their father. I’m assuming the kids have dual citizenship so they can travel outside of the US easily enough. If anyone is attempting to abduct the children, it’s HER in taking the kids back to NY then trying to keep them here instead of sending them back to Europe like she’s legally supposed to.
Those kids are also German citizens by way of having a german national as their father whom the mother of the german citizens got kicked out of the country on bogus claims of arms trading.
Exactly if he REALLY wanted to be an SOB he could move the kids to Germany and Kelly won’t get a scent of them till they were 18!
And there would be squat the US could do about that
I’m sorry, but at that age, children need their mothers far more than they need their fathers. That’s my opinion. I don’t care if the court said it was okay for him to keep the kids in Monaco, he should’ve let them live with her full time and worked out visitation.
seek help
And it’s opinions like that that cause so many involved, loving fathers to lose access to their children.
There’s no reason a father can’t provide all of the same things to those children as a mother could. It’s not like they’re being breastfed. Plenty of people grow up without mothers and are fine. It’s such a sexist, antiquated opinion.
Talie
“I’m sorry but” NO
YOU ARE WRONG
SOME kids are better off with one or the other parent
But MANY kids are BEST OFF with 2 unselfish parents who agree to co parent and keep their adult relationship bullshit out of the picture.
Additionally SOME kids are better off witha loving father – especially if the mother is a narcissist…or junkie…or many other such things.
Your blanket statement is borne out of ignorance.
Except that he HAS tried to work out visitation in the past- she’s the one who wanted to shut him out totally and had him deported. And she made it very clear that if she got full custody in the US that she would cut him off entirely.
He’s been fine with paying her expenses in Europe, and fine with the kids spending all summer with her. If it wasn’t all about her wanting to ‘win’, then she could move there and have her kids around all the time. But its her way or the highway.
I’ve seen plenty of mothers who were terrible parents, and plenty of fathers who were wonderful, and vice versa.
It isn’t just your opinion. It is a sexist stereotypes that simply isn’t true. If the children were babies and breastfeeding exclusively, only then would your argument have the faintest truth. But that isn’t the case. So please stop perpetuating harmful stereotypes that hurt both men and women.
Unbelievable comment. Mothers are not always the best option for the children simply by being female. My husband’s father raised him, and thank God he did. His mother has serious mental and drinking issues and has always put herself before her son. The way this woman tried to manipulate the system against the children’s father backfired on her, and now SHE is the abductor. Despicable.
Kids need fathers AND mothers equally. There’s an entire generation of sh!tty kids raised by single mothers for whatever the circumstances were and it’s clear most of these kids need their dads. I wish I had my dad. This is a vindictive mother who got her children’s father deported because SHE had no use for him, not her kids. I could go on, but a gross comment like this doesn’t deserve more.
Oh lord, some of you all are way, way too harsh to women on here. I’ve noticed too often that many people immediately think these celebrity moms are the devil. I’ve read and seen plenty about this case. She has been on numerous talk shows with Dan Abrams discussing the facts. Nothing about her is unfit or unstable.
She was court ordered to put the fathers name on her daughter’s birth certificate 4 times and only complied when threatened with jail. She didn’t even tell him when she was giving birth to their daughter. Now what kind of mother doesn’t put her child first? An unfit one.
Talie, I get where you’re coming from. As a mother, I’m unwavering in the need for my baby to have my presence, more so , for myself, to be in his presence. I’m sorry for the criticism your comment is inciting. Obviously, there are exceptions, however, a child, ideally, needs their mother. Before anyone jumps p. Me, please note , “ideally”. Yep, no doubt if mommy is a drug addict, narcissistic, (see drug addict) all around bad person, then of course, mom’s not the one.
Here’s what is a fact: there’s nothing that compares to a mothers love and it’s something, God willing, every child should know.
@ Talie – Kelly is that you????
A child “ideally” needs BOTH parents. If one parent refuses to encourage and foster a relationship with the other parent then they should not have primary custody, full stop.
they are german (=EU) citizens too and were never abducted by their father.
When I was 10 my parents divorced. My mum who was English moved back from the states and took my sister and I with her. My dad took her to the high court in London and won on the grounds of ‘abduction’. He had to get the police to pry us from her because we didnt want to go with him. Scarred me for years. I feel sorry for Kelly’s children. Who knows what this is doing to them….
I wonder if the children are allowed to wear colors other than white or beige when they are in Europe.
And wow, her daughter has an excellent “don’t mess with me” expression.
@Birdix, didn’t see your original post. Yes!
This move is not going to endear her to the family court, which is quite aware of her previous maneuvers. She just keeps trying to circumvent the judge. She is why her ex can’t get a visa in the first place, due to unproven accusations she made in an attempt to get full custody. This thing is also going to backfire badly. The judge in family court will consider the welfare of the children first, and has already decided it is better for them to live mainly with their father because she can go to Europe to see them but he can’t come to the US to see them. Yes, she would like to have them all to herself, but like everyone else who is divorced with children- she has to share. She should be enjoying her last week with them for the summer rather than playing these endless legal games.
I don’t understand how she can argue that the kids were “deported” when obviously they are free to visit the US. That’s not really how deportation works.
This exactly.
THIS
This is pretty predictable in these messy custody situations, and typically happens at the end of extended summer visits and/ or holiday visits. Clearly, she’s been planning this legal challenge for awhile. The odds are really not in her favor- don’t see a Federal
Judge interfering here.
I’m gonna snark and say I’m suspicious of a parent who dresses young children in white/beige to “match” her. Not that they aren’t adorable, of course.
It´s now 2 years and she could have lived a good life with her kids in Monaco (or France) with all the money she burned for her dirty tricks and lawsuits.
I wonder if she ever thought about helping her ex getting a new visa for the USA? Wouldn´t that be the best for them all?
She’s already threatening to keep them illegally in the US if she doesn’t win. Yeah, that’s going to go over well, dearie.
She made her bed when she accused him of arms trading and by her non-stop efforts to alienate those kids from their father. She’s going to play around and lose permanent custody of them.
What a mess, and a sad and stressful life for the kids. Neither adult seems capable of doing what’s best for them.
Neither adult? What is the father doing that isn’t great?
He’s been in complete compliance with the terms of their custody agreement. She’s the one who is making things difficult for their children.
She also refused to notify her then husband when the little girl was born or to put his name on her birth certificate. Her selfish behavior continued as to the birth certificate even after ordered by the Court to add the husband’s name to the birth certificate. She only added his name after a prolonged fight against doing so.
The Court also considered that she is the reason he can’t get a visa as she made the unproven allegations to the Feds that got him into visa trouble and she admitted this to the Family Law Judge. He has been totally cooperative with the Courts and she has not been, not once.
The kids are dual German-American citizens, they have not been deported, she is not working so why can’t she be with them? He pays all her expenses when she is overseas.
She is determined to alienate those kids from their father and his family and keep them to herself.
Yes-it’s horrible. Those poor little children.
ITA.
I cannot speak to Rutherford’s role in getting the ex’s visa revoked because I do not think anything evidence ties her to it – besides the fact that someone dropped an anonymous and unsubstantiated tip against him to ICE (or whatever agency) right at the height of their divorce/custody battles and she was really the only person to benefit. In the end he was charged with nothing but the damage to his US visa status was done.
Nonetheless, Rutherford’s shenanigans in Family Court are documented and public.
She refused to inform the father of the daughter’s birth and despite numerous court orders and warnings, refused to add his name to the birth certificate. She refused to cooperate when scheduling parental visitation, etc. All documented in the record.
The Court determined she could not be entrusted to facilitate a relationship between the children and their father. In fact, she was actively trying to alienate the kids from their dad. And if she played a role in his visa problems (again, if), then that further proves the point that she never intended to facilitate a relationship between him and the kids. As a custodial parent, that is required. I mean, unless there are reasons (and evidence) to object to the other parent (abuse, neglect, etc) it’s not something you get to decide according to how you feel about your ex. Family Court is all about what is best for the children, not the adults.
The father on the other hand cooperated with the Court and as far as the Court is concerned he has always tried to facilitate Rutherford’s relationship with the kids, despite her actions. So he was made the custodial parent. It’s not exactly his fault that accusations were made that caused him to lose his visa to remain in the US .
And he is court-ordered to pay all of Rutherford’s expenses when she travels to see the kids. It isn’t on her dime. As far as I am aware, he has done so.
Her bankruptcy is entirely due to her endless battle to get him out the kids life and then of course, to recover after that attempt tragically backfired.
Now, I am not commenting on who is good or bad here in regard to the marriage failure or who is a better parent. If there were allegations of abuse or something of that nature it would be different but it seems to be the typical stuff so neither Rutherford nor her ex really get my sympathy in that regard.
And obviously both people love and want to be with their children, any parent would go to the ends of the earth to do so. I just feel that, based on what has been documented, that Rutherford really did herself a disservice by not cooperating with the Court when all this first started. Was she being vindictive or simply given really bad advice. who knows.
But taking it to the federal courts may really backfire – especially if they kick it back to Family Court – and she risks losing the visitation she has if she thinks she will keep them in the US against the Court order.
But no parent would give up. I just am not overly sympathetic to her situation given that she largely brought much of this on herself.
Sorry, but I would spend my money moving closer to my kids and making nice with the X so I could get more visitation rather than mindlessly pay attorneys to my ruination..
Her behavior has been vindictive and not once had she considered the welfare of her children. It’s all about HER, and her beating her Ex in court. Has she once tried to work with her Ex amicably, so her children wouldn’t be unduly traumatized ? Nope.
Yes. Basically she used him for a sperm donor and wants him banished from their lives.
I’m usually on the mother’s side, but not this time.
Kelly had a hand in her husband not having a visa, so there is no way for him to legally come to America. He has primary custody, but he had no problem letting the kids come spend the summer with their mother, now she does something like this.
Not feeling bad for Kelly at all.
Gonna step out on a limb and say she doesn’t need to be shopping at Petit Bateau if she is $2M in debt.
This!!!^^ she’s always photographed in Hermes bags and at society functions. Give me a break.
Wait…I’m not following…
Unfounded allegations? And was never charged?
But still refused a U.S. visa.
I don’t get it.
Non-citizens have very few rights and get visas revoked very easily, especially when they have supposed, alleged links to terrorism like ATMs dealing.
People in the daily mail link are saying he lied to get his visa previously though, what’s that about?
She’s like Halle Berry, only worse.
Poor kids.
So does she want to file for habeas corpus? I really think the federal courts won’t deal with this because they don’t handle custody issues. It isn’t an immigration issue either. Waste of money and time. She should have never got her ex’s visa stripped. It ended up getting her nothing but trouble.
Yep, plus her claim if I understood it correctly (didn;t read too much TBH) does not make sense. They have not been deported, they can come to the US whenever. It’s just that their father has the custody, and since he can’t live here permanently (or even visit for that matter), neither can them. BUT legally speaking, they’re free to enter the U.S.
I hope she gets the children. I really wish a lot of great things for her and her children.
Oh wow, what a doll (not). How did she treat her first husband (@jagede’s comment)?. Trying to keep the kids away from their father while knowing that he cannot visit them in the US makes it clear that she has no intention of ensuring a proper relationship between the children and their father. That’s plain mean and dirty. An involved father is an involved father, not a sperm donor. Shame on her.
She married her first husband – I remember she was featured prominently in some celeb wedding magazine at the time. WIthin months, her first husband suffered and survived a debilitating heart attack. She left him because she didn’t want to the with the “in sickness” part of her vows. It was pretty much cold blooded.
Those kids look so unhappy.