Kelly Rutherford’s Custody Battle Mistake — Top Attorney Speaks

Tue, September 18, 2012 8:05pm EDT by 30 Comments
Kelly Rutherford Custody Battle
FameFlynet

Poor Kelly Rutherford. The ‘Gossip Girl’ star lost her two small children to ex-husband Daniel Giersch. Now a top family law attorney explains what may have gone wrong with her case.

Did Kelly Rutherford inadvertently anger Theresa Beaudet, the judge presiding over her custody battle with ex-husband Daniel Giersch?

Is that the reason that the judge ruled that her children, son Hermes, 5, and daughter Helena, 3, would have to live in France with her ex, instead of continuing to be raised here in NYC, with her as they always had?

That’s a strong possibility believes top Manhattan family law attorney, Malcolm Taub, a partner in Davidoff, Hutcher & Citron LLP.

“Family court judges don’t want one parent to try and alienate kids from the other parent. One of the characteristics of being a good parent is promoting a relationship with the other parent,” explains Taub.

In the judges decision, the judge chose to make Kelly’s ex husband the “residential parent” because “Daniel facilitated the relationship of the children with Kelly… and Kelly simply has not done so,” reports TMZ.

The judge cited the example of Kelly repeatedly failing to put Giersch’s name on their daughter’s birth certificate, despite being asked several times by the court, TMZ writes.

The situation now puts Kelly in a tough position believes Taub. “Unless there is egregious evidence, a court will not overturn the order right now,” he says. However, he does think there is hope that Kelly may be able to regain custody of her little ones in the future.

“The fact that there’s a ruling doesn’t mean its written in stone. Her best option is to stop appearing in the media, keep a low profile, show contrition, demonstrate that she’s a loving, caring mom and stop knocking her ex on TV. The TV audience doesn’t have a vote,” he points out.

He also urges her to try and improve her relationship with her ex. “A lot of time when people calm now, they come to arrangements which work for them,” he advises.

He’s not encouraged by an option suggested to Kelly by top attorney and Harvard law professor Alan Dershowitz to appeal to a federal court, claiming that Kelly’s children’s constitutional rights have been violated since they’ve been forced to move to France.

“Even if Kelly won custody based on this ruling, she still would have to get a custody order in France,” he explains.

Taub re-emphasizes that, for Kelly, her best option to return her children to the U.S. is to “off the offensive and try to work out a situation with ex-husband Daniel that is reasonable.”

Good suggestion, Mr. Taub.

What do you think, Hollywoodlifers? Should Kelly try that route?

TMZ

– Bonnie Fuller

More Kelly Rutherford News

  1. Kelly Rutherford’s Custody Judge: Was She Biased Against Her?
  2. Kelly Rutherford Cries On ‘The View’: My Kids Could Disappear
  3. Kelly Rutherford Reunites With Kids In France After Losing Custody

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Garris Graham

Posted at 5:42 PM on June 8, 2014  

I really never believed in Spells or Magics until I met this special spell caster called Dr ADUWAWA via (aduwawaspiritualtemple@yahoo. com).
The woman i wanted to marry left me 3 months to our weeding ceremony and my life was upside down,she was with me for 3years and i really love her so much, she left me for another man with no reasons,when i called her she never picked up my calls and she don’t want to see me around her…so,when i told the man what happened.he helped me to do some readings,and after the readings he made me to realize that the other man has done some spells over my wife and that is the reason why she left me..he told me he will help me to cast a spell to bring her back.At first i was skeptical but i just gave it a try…In less than 45 hours she called me herself and came to me apologizing..I cant believe she can ever come back to me again but now i am happy she’s back and we are married now and we live as a happy family..Am posting this because i believe there are many people out there who might need his help here is his contact email: (aduwawaspiritualtemple@yahoo. com)

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kerry

Posted at 10:55 PM on May 2, 2013  

I’m so relieved this judge saw parent alienation as child abuse. Because it is a form of child abuse and if results in severe Sidi damage for the child being alienated. they are taught not to trust, anyone in fear of disappointing the mother. They also have a higher rate of becoming involved and drugs, sexual promiscuity, teenage pregnancy, and then doing the same thing with her own children and teaching them to be a really needed it against their parents.

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Quenby Wilcox

Posted at 4:03 PM on April 21, 2013  

Malcolm Taub’s comment is typical “Her best option is to stop appearing in the media, keep a low profile, show contrition, demonstrate that she’s a loving, caring mom and stop knocking her ex on TV. The TV audience doesn’t have a vote.” According to the courts and legal counsel one must “bow down to the courts in contrition and obedience.” What kind of due process under democratic principles is that?!?! For the past 6 years I have been bullied and abuse by the Spanish courts with more violations of me and my children’s rights than I can count. All the with the American Consulate in Madrid and US State Department (great self-proclaimed champions of human and women’s rights!) sitting complacently by and watching. All my correspondence is posted on worldpulse.com under Quenby Wilcox’s journal. This is a question of due process and the rights of citizen within a democracy. It is NOT a “private matter” or “civil dispute” as the US State Department contends.

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Cathy Walker Meyer

Posted at 8:42 PM on March 12, 2014  

Quenby, she was given due process and chose to play games and defy court orders. And use her children as pawns. Her media appearances and knocking her ex is an indication that she is not interested in doing what is in her children’s best interest but only in getting her way. The woman blatantly attempted to alienate her children from their father and this judge didn’t allow that to happen. That is justice for this father! She doesn’t need to “bow down to the courts” but it is time she start behaving in a way that gives the appearance that she will do what is right for her children. Not as by defined by the courts but as defined by normal maternal instincts. The father of these children had rights also and those rights were protected under due process of the law. That doesn’t often happen in the case of parental alienation.

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Ric Morgan

Posted at 5:08 PM on February 27, 2013  

Its not about the Mother or the Father, its about the power of a State Court to order citizens out of the United States. We, as citizens have allowed the State Courts to run our Family’s by going to Family Court.
If Kelly was serious she would use her recognition to rally non custodial parents to move State legislation to make the Courts follow state law.

My daughter Jolie, was taken from me and her brother and shipped to Germany. I appealed and was denied. That was in Nov 2009. Mother has refused to return or allow me to visit in Germany with Jolie. When I did make it to Germany in Nov 2011 and into the Family Court in Germany, they literally laughed at the Court order. “We recognized the order, we just don’t have to enforce it” The pain as a parent to hear your daughter cry and ask why you cant come over and pick her up and why she cant come home.

If I had the money I would fight in Federal Court, not for me, but for anyone other parent who faces a situation like this.

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Corrupt Judges

Posted at 11:29 PM on November 28, 2012  

Women are losing custody at an alarming rate to abusive men. See Judge Paul Escandon, americanmotherspoliticalparty.org, safekidsinternational.org, thelizlibrary.org. When men seek custody the get it 70% of the time regardless of a criminal history. Judge Escandon gave custody to a murderer.

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Fawn

Posted at 1:53 AM on November 17, 2012  

He was the one that ended the relationship. If he wanted to be with the kids he should have stayed with the family. Do the kids even want to be in France. It his fault his vista was revoked.

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wizzie

Posted at 11:25 PM on November 16, 2012  

Maybe this is Karma at work for her leaving her first husband after less than a year just because he developed a heart condition….nice in sickness and in health!

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betse long

Posted at 11:01 PM on November 16, 2012  

what the heck is wrong with this judge??/ You take 2 young US citizen children from their mother and send them to France to live with their father who cant even keep a legitimate US Visa???? You have to be kidding me. This is crazy! Parental Alienation?? PAS, Maternal Gate keeping?? You freaks! You Left wing Freaks. Where in the world has common sense gone? Its about a mom and her kids. And a father who, if responsible enough to take custody of children, but not responsible enough to keep a US Visa in good standing. Who takes a mothers children away when she has done nothing wrong?? So so wrong and so sad.

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janiet

Posted at 10:53 PM on November 16, 2012  

This lady is a complete wack job. Don’t be fooled by her BS. Her husband left her because she was crazy. I remember an article where she didn’t want her 4 year old weened from her breast or toilet trained. She wanted a judge to cut visits over the dads refusal to accept that. Her people got the guy deported and she hints he was up to no good. Why isn’t he badmouthing her to the press? Most likely he puts his kids first. He has been fighting for them since day one. Their mother is insane. Wait til the judge sees all this press. She’s never getting those kids back. The judge knows what’s up.

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KW

Posted at 10:15 PM on November 16, 2012  

This is a sad situation mostly due to the distance now between the parents of these children. Either way the kids are still very far from the other parent. Parental Alienation is becoming more and more out there for the courts and family therapist to deal with. This is a form of child abuse and it works on both sides…some mothers do it and some fathers do it. Its a terrible abusive thing to do to the child as well as the alienated parent. If this is what the court felt was happening then I am for one please to see the judge taking a strong stand against PAS, Parental alienation syndrome. I find it interesting that the lawyer for the mother is advising she now work on having a healthy relationship with the ex for the sake of the kids and stop the public bashing of him. There seems to be some truth to what shes being accused of if you read between the lines of her own attorneys statement. More parents should put the best interest of the children first in matters of divorce but instead play the get back game. Sounds like it bit her in the rear in this case.

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Robin

Posted at 9:36 PM on February 21, 2013  

There is no such thing as “Parental Alienation Syndrome.” Not knowing your parent is not a “syndrome.” This is an invention of the “father’s rights” ilk to get custody. He is probably having a nanny raise the kids now, anyway. I doubt he was the primary caretaker before, or really wants to be now. He just wants to hurt his ex-wife and CONTROL his “property”- his children.

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Concrndatty

Posted at 7:43 PM on August 22, 2014  

Correct

 
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Debra Savittieri

Posted at 7:59 PM on October 29, 2012  

Kelly was adopted by her Mothers 2nd husband,Home Builder-Tony Savittieri, of Phoenix AZ, when she was around 5 yrs old. When she was around 11 or 12 they divorced and her Mother (model) previously known as Ann Mace, her little brother Anthony Savittieri moved to California and then NY. They all changed their names!!!! Kelly’s mother, Ann Mace, cut off all ties with the Savittieri’s as though they died. It is odd that there is no where in the press, or on line, that Kelly even had a life in Arizona, before she became Kelly Rutherford in her 20’s. Kelly was an adorable little girl and pre teen from what I remeber & I adored her! I remember vividly her make believing and being an actress all the time in her regular playing as a child. She was sweet and beautiful.It is sad to see her kids taken away, but she did marry a rich man who lives out of the Country, so sharing her children with the father is certainly expected. If she wants to work in the USA, then she is the one who left the children- not the children being taken away from her! Also, I find it par for the course when her own Mother abandoned her adopted father-Tony Savittieri-and never let him see his own young son, Anthony, or Kelly, so as life goes on- it is what Kelly learned to do from her own Mother which became Kelly’s ‘normal’- to try to abandon the fathers….sheeesh Kelly! I love ya, but really??? Give your kids their father!! Be honest and learn to share! It is better for the children to have and learn to know their biological a father.
Love you still, Aunt Debbie

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Audrie

Posted at 12:30 PM on October 19, 2012  

My heart goes out to Kelly. After reading an article about her case called “fighting for my kids” I couldn’t stop crying because she described how I felt when my abusive husband got sole custody. Any person that can say she got what she deserves is a complete idiot!!!!

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Roberta

Posted at 6:21 PM on January 19, 2013  

Then I guess you got what you deserved. Family judges aren’t stupid. They rule in the best interests of the children.

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Dawn

Posted at 12:37 AM on June 24, 2013  

Yeah right. Then explain to mother why a wife beating child molester was granted custody of her and her brother. Oh right, he was a cop…so he knew everything and was above the law. Judges have opinions based on emotions and bias as it has been demonstrated time and time again. Get your head out of the sand. He has the money, they have the pockets, he buys their power. Unless she’s been proven to be a direct danger to her kids, then this is B.S.

 
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Crystal

Posted at 10:53 PM on June 24, 2013  

Not true at all Roberta. Family judges are “God” in their courtroom and do whatever the heck they want. It is down right scary.

 
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Sheri

Posted at 2:46 PM on June 25, 2013  

You are very misinformed. Get some education before spouting out nonsense.

 
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David White

Posted at 8:19 AM on September 27, 2012  

I think she got what she deserved! Im sure the Judge took offense to her taking her rulering out of context in the public eye. I give kiddos to any Judge that takes parental alienation as a very serious criminal act against a child, I think they may be looking out for the future of the child in knowing with so many cases the child looses the future bond with The parent whom has been pushed aside to the brink of total meltdown with that parent who may have been that child’s only hope in adulthood. The alienateing parent is sick emotionally and usually does not have an ongoing healthy relationship with their adult child.

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KW

Posted at 10:23 PM on November 16, 2012  

I have dealt with this at length and it is so true what you say about the relationship with the victimizing parent and the adult child. In almost all cases the child grows up and is very clear at that point as to how sick that parent was and does end up seeking a relationship with the parent they were alienated from. Its just all the lost years that will never be given back and that’s why the courts need to take a no tolerance stance on this bc this is a true mental issue that need therapy on the alienating parents part.

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Robin

Posted at 10:09 PM on February 21, 2013  

Parental alienation is not real. Men are not primary caretakers before divorce, by their own choosing, and usually have no reason to seek sole custody except that they want to continue to abuse and control. They rarely parent their own children when they do get custody- it is a wife or their mother who does.

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Dawn

Posted at 12:40 AM on June 24, 2013  

Or in my mother and uncles instance, he just locked them in the garage with a dog bowl of water until he came home.

 
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Another Mother

Posted at 10:57 AM on September 24, 2012  

It seems to me that Kelly should contact Mr. Taub to navigate her through this process. Look where she is…in NYC without her children. That is no way to live. I’d put my money and my heart on Malcolm Taub if my priority was getting my children back.

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Lee

Posted at 5:43 PM on September 20, 2012  

I also meant to say they are United States citizens…too. Reminds me of another well known case.. This case may help to make some necessary changes geared towards protecting the childrens rights.. Fingers crossed.

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Lee

Posted at 5:40 PM on September 20, 2012  

Still, i cannot understand how these children with a German father end up in France ? I did see an interesting article which may shed more light.. it was desperateexes.com under Aug 3. Made my heart sink for the kids..

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Joy

Posted at 1:41 PM on September 20, 2012  

I had the same judge in my custody case. I am an attorney but do not practice family law. I fought hard for custody after my ex started hitting our son in the face, emotionally abused him (called him names that I cannot publish on public media) and left both kids in the car for extended periods of time in bad parts of town, at night. My son started threatening to hurt himself and was acting out and did indeed hurt himself. I ended up with 53% custody (I started out with 50%). I know of many other cases more egregious than mine–some with the same judge. A friend of mine who has the same judge (Beaudet) tells me that when she was in court one day Judge Beaudet refused to let a mother with stage four cancer take her kids with her to another state where she was receiving medical treatment. To get the extra 3% custody, I had to spend a fortune–paying minor’s counsel (who was worse than useless), a neutral evaluator and my own attorney. The entire system is broken and needs to be re-engineered.

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Mad at Misandry

Posted at 7:32 AM on September 20, 2012  

This is known as maternal gatekeeping (the home being the traditional base of power for women, women retain power with family and in the home by trying to control all aspects of home life)!
.
If she had allowed the ex to get equal custody, she might not have had the power to control every aspect of the child’s thoughts and actions (like she was gonna teach the kid to hate daddy-that is a nice way to keep his contact with your kid to a minimum, teach the kid to hate the dad).

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KW

Posted at 10:16 PM on November 16, 2012  

Totally agree here.

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Garris Graham

Posted at 5:40 PM on June 8, 2014  

I really never believed in Spells or Magics until I met this special spell caster called Dr ADUWAWA via (aduwawaspiritualtemple@yahoo. com).
The woman i wanted to marry left me 3 months to our weeding ceremony and my life was upside down,she was with me for 3years and i really love her so much, she left me for another man with no reasons,when i called her she never picked up my calls and she don’t want to see me around her…so,when i told the man what happened.he helped me to do some readings,and after the readings he made me to realize that the other man has done some spells over my wife and that is the reason why she left me..he told me he will help me to cast a spell to bring her back.At first i was skeptical but i just gave it a try…In less than 45 hours she called me herself and came to me apologizing..I cant believe she can ever come back to me again but now i am happy she’s back and we are married now and we live as a happy family..Am posting this because i believe there are many people out there who might need his help here is his contact email: (aduwawaspiritualtemple@yahoo. com)

 
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