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

Fri, September 14, 2012 6:15pm EDT 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