Could Kelly Rutherford’s fight to keep her kids backfire against her? The actress’s decision to disobey her court order could ultimately lead to arrest and the loss of her kids, HollywoodLife.com has learned EXCLUSIVELY. Get the full report here!
Kelly Rutherford, 46, has refused to send her two young children back to her ex-husband, Daniel Giersch, in Monaco, as stipulated by a court-ordered arrangement. They were supposed to board a plane on Friday, Aug. 7, but the Gossip Girl star decided to keep them instead. Now, the mother-of-two is at risk of being arrested and loosing her children all together, our source tell us EXCLUSIVELY. Get the full report below!
“Kelly Rutherford has not done herself any favors,” Attorney Michael Stutman, head of the family group at Mischon de Reya New York, tells HollywoodLife.com EXCLUSIVELY, “Kelly Rutherford’s decision to not obey the court order could make it much easier for the father to win sole custody of the children. Her decision to not obey the initial court order could very well backfire and work against her. If she doesn’t show up at court tomorrow, she would most likely be arrested and brought to court that way, ” continued Stutman. “It’s not uncommon for a judge to say ‘Turn these kids over to the court right now.’ Those kids could be on a flight back to Monaco tomorrow.”
Attorney Mychal Wilson tells HollywoodLife.com EXCLUSIVELY, “The lengthy and bitter international custody battle between Kelly Rutherford and her ex Daniel Giersch depends on jurisdictional issues. Meaning, neither the California or New York courts assert jurisdiction in the case. So, unfortunately for Kelly Rutherford, Monaco is now the proper venue for this matter.”
“Mr. Giersch is now strategically alleging that Kelly Rutherford has committed criminal offenses such as child abduction because she has refused to return their kids to him in Monaco. And, presumably, Kelly Rutherford’s risky move to keep their kids in the United States will upset the Monaco court. With no U.S. courts asserting jurisdiction over U.S. citizens (kids), it appears the U.S. State Department will have get involved to resolve this matter. Sadly, and excluding all the mudslinging, their young children are at an age where this matter may adversely effect them for the rest of their lives,” Mychal explains.
The trouble started when Kelly was supposed to fly the children back to Monaco on August 7, but she did not put her kids Hermes, 8, and Helena, 6 on the plane. The Gossip Girl star has been overjoyed since July 3, when they were allowed a summer visit with their mom in the States. But on July 23, a Monaco judge gave German businessman Daniel the right to regain custody of their two children, and the youngsters were ordered to return to the principality.
The actress has gone through years of heartbreak being apart from her children. She’s been forced to fly to Monaco for visits with them, but has not been able to have them live with her in the U.S. for the past three years. She was said to be distraught and heartbroken as she took her children out for a final dinner on Aug. 6, and now seems intent on keeping her kids with her in New York. We just hope that Kelly takes in the legal advice that she is being given and continues to do what’s best for herself and her children.
HollywoodLifers, do you think Kelly made the right decision keeping her kids?
— Alyssa Montemurro, reporting by Sandra Clark