After three long years of fighting Kelly Rutherford finally won temporary sole custody of her kids, but her emotional saga isn’t over yet. A judge recently ruled that she still can’t bring her two children back from Monaco. Find out all the details.
Kelly Rutherford’s battle with ex-husband Daniel Giersch, 41, has hit another road block. Last week, the 46-year-old Gossip Girl star was temporarily awarded sole custody of her two children — Hermes, 8, and Helena, 5. But her plan to bring them back to the United States has been halted by a new judge. So, will she ever be able to bring her kids home? Here’s what we know.
The fight continues for Kelly. Kelly’s ex-husband has succeeded in halting an order to fly their two children back to Los Angeles for a June 15 custody hearing, according to the Associated Press. Her ex’s lawyer argues that Monaco, not California, should have jurisdiction over the children. He also claims Kelly made “fraudulent statements” and “lied” in order to get custody of Hermes and Helena.
It’s now been ruled that the kids will not return to the U.S. until Monaco and Los Angeles judges discuss the situation at a custody hearing on June 11. But Kelly’s lawyer, Wendy Murphy, tells PEOPLE that this does not mean Monaco will have jurisdiction.
“The judge simply allowed the ex to have a hearing, which nobody objected to,” Wendy said. “It is unconstitutional for Monaco to impose citizenship or formal residency status on an American citizen who does not also enjoy citizenship in Monaco, just as it would violate Monaco’s laws for this country to declare by judicial fiat that a Monaco citizen visiting this country, is suddenly an American citizen or a US resident. It simply cannot be done.”
Kelly Rutherford: Inside Her Custody Battle With Daniel Giersch
Kelly and Daniel got married in 2006 and filed for divorce in 2008. They were awarded joint custody of their children, but in 2012, a judge ruled that the children should live in Monaco with their father because his visa to live in the United States had been revoked. Kelly has been fighting to move them back home ever since.
She sat down with Good Morning America in April 2015 to share her story. After hearing about her heartbreaking struggle, a long list of celebrities came to Kelly’s defense. Kim Kardashian, 34, Kris Jenner, 59, Ed Westwick, 27, Michelle Trachtenberg, 29, and more came to Kelly’s aid and supported her White House petition to get her kids back.
HollywoodLifers, do you think Kelly’s kids should come home? Let us know!
— Allison Swan