On August 12, Fox News reported that on Tuesday in a U.S. courtroom, a judge ruling in the ongoing custody battle between actress Kelly Rutherford and her ex-husband Daniel Giersch ordered her to return her children, ages five and eight, to their father in Monaco “immediately.” When leaving the courtroom after the judge’s ruling, Rutherford simply said “I have no words;” but on Wednesday the 46-year-old actress got more vocal for reporters and slammed the judge and his ruling to relinquish her kids.
Yesterday, People reported Rutherford as saying “What the judge did yesterday was shocking, illegal and abusive to my children. Without any legal authority, a judge from the lowest ranking court in the state court system violated the highest ranking deferral constitutional rights of my American citizen children.”
Last week, the long running legal custody battle between Rutherford and her ex took a nasty turn when the former “Gossip Girl” defied an earlier court ruling to return the couple’s children, daughter Helena and son Hermés, to Giersch in Monaco. Custody proceedings over the two children have been brewing since 2010 when the couple divorced. In 2014 the legal system in Monaco declared jurisdiction over the custody battle after U.S. courts in California and New York ruled that their states did not have jurisdiction over the case, according to Today.
Giersch’s lawyer released a statement saying that Rutherford was to return the children to their father in Monaco on August 7. When she decided to keep the children with her in the U.S., Today quoted the lawyer as saying that “Child abduction is a crime, and everyone involved in kidnapping or abducting the children will face the appropriate legal consequences. Anyone associating themselves with Kelly and her abduction is violating the law.”
Legal analysts are saying that Rutherford defying the court order to return the children to their father at the agreed upon date will not weigh in her favor if she ever wants to see her children again. Although the kids are citizens of the U.S., judges will be considering where the children have been living for most of their lives.
In 2012, the father agreed that the children would only be living with him on a temporary basis when they first went to stay with him back in 2012, according to a statement released by Rutherford. Since then, Giersch had his kids declared “habitual residents” in Monaco.
The ongoing custody battle continues with the couple’s next court date scheduled for September 3 in Monaco. For more on the story, see the video accompanying this article.