Kelly Rutherford’s Custody Judge: Was She Biased Against Her?

Fri, September 14, 2012 6:15pm EST by 2 Comments

Kelly Rutherford has lost a heartrending custody battle to her ex-husband Daniel Giersch. But a source close to the actress worries that the judge who made the decision, didn’t like Kelly. Hmm!

Today Kelly Rutherford‘s two young children, son Hermes, 5, and daughter Helena, 3, have been taken from her arms and must now live in Mougins, France with their father, Daniel Giersch, in a custody ruling that has left many people as shocked as Kelly.

“Usually in a custody battle where both the mother and father are both considered to be good parents, the judge will defer to the parent who’s been raising the child,” says family law attorney Vikki Ziegler. “And in this case, it’s been Kelly and not her ex-husband. That’s why sources close to Rutherford are wondering if Judge Theresa Beaudet, who oversaw the case, may have had any bias against Kelly.

“Kelly and the judge’s stepdaughter, Amanda Smith know each other. They co-chaired an event together in 2010. Then at one point during the custody case Kelly complained about the judge and within 48 hours we heard that the judge was aware of Kelly’s complaint,” explains the source.

According to the source, the judge was asked to recuse herself from the case and she refused.

“It really doesn’t seem right that the judge didn’t recuse herself given the tangled web of relationships,” believes the source.

Now Rutherford is pow-wowing with renowned constitutional lawyer and Harvard law professor Alan Dershowitz on potentially taking the custody case into federal court. Rutherford would argue that her children’s constitutional rights are being violated since as U.S. citizens, they were forced to be deported to Mougins, France to live with their father.

This might be Kelly’s only legal option for regaining custody of her children.

Until then she must travel to France whenever she can in order to see her “babies,” a situation which understandably has left her absolutely devastated.

Our hearts go out to you Kelly! What do you think Hollywoodlifers — should Kelly’s young children have been sent away from their mom?

– Bonnie Fuller

More Kelly Rutherford News

  1. Kelly Rutherford Reunites With Kids In France After Losing Custody
  2. Kelly Rutherford Appealing Custody Ruling Forcing Her Children To Live Abroad
  3. ‘Gossip Girl’ Finale: Kelly Rutherford Says Chuck & Blair Should End Up Together

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Pierre Pullins

Posted at 2:30 PM on April 21, 2013  

She was recently on Katie Couric and I believe the judge is clearly biased. I believe the judge may be corrupt. I also believe she should invite or make friends with Usher Raymond’s ex wife, Tamika because I don’t believe he should have been awarded physical custody.

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Raghbir S. Atwal

Posted at 11:41 PM on September 20, 2012  

I our case the judge even awarded a huge some of child support money to the father living in a third world country simply because the mother could pay. There was no consideration about the U.S. born children or their U.S.born mother. The children are not even allowed to visit their mother in the U.S. as agreed in court.How much our judges and courts are impotent and ignorant that being a born U.S. citizen is meaningless.When the children grow up to be 18 and they come back to their birth country, What does it prove? Only that children are the innocent victim between parents problems. Regardless of any situation between the husband and wife the U.S. has the responsibility toward its citizens that they are raised and educated and enjoy freedom till they can decide own their fate.All the U.S. born children wherever they are taken must be brought back to the U.S. and all foreign governments must be made aware of this that no one should hold the U.S. born small children in their country. Any dispute must be settled in the U.S. and no U.S. child go out of the country. If the courts and the judges can not protect the U.S. born innocent children,Who will? What about the birth rights of the children and their mother who are U.S born citizens It is a shameful that our guardians of law and protector of our citizens can not see this I believe their should be legislation and the laws regarding the U.S. born children clearly stating that the children can not be taken out of the country regardless of any judgement from the court. No other country has any jurisdiction over U.S. children.and will have to be sent back. Such agreements and laws exist for the criminals, Why not for the U.S. children who are innocent and helpless and are at the mercy of the parent who takes them away thousands of miles away

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