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Kelly Rutherford Refuses to Send Her Kids Back to Monaco

Kelly Rutherford Refuses to Send Her Kids Back to Monaco

Kelly Rutherford has put her foot down and decided that she will not send her kids back to Monaco despite a court order that says she must.

The 46-year-old actress was supposed to fly her two kids – Hermes, 8, and Helena, 6 – back to Monaco to be with her ex-husband Daniel Giersch on Thursday, but never made the trip.

“These past three years waiting for my children to come home have been very difficult. My children were forced to leave the United states in 2012 when they were only 2 and 5 years old,” Kelly told People. “In May, a judge in California gave me sole custody and brought them home. I am immensely grateful and overjoyed to have them back. Since May, however, the court proceedings have been confusing.”

Kelly added that because neither California or New York, where she tried getting her case heard, will claim jurisdiction, “no state in this country is currently protecting my children. It also means that no state in this country currently requires me to send the children away. Hence, I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.”

Click inside to read the rest of Kelly Rutherford’s statement…

“The Monaco court treated me with respect when I appeared there earlier this year to file a formal objection to their jurisdiction,” Kelly continues. “I believe Monaco appreciates why it cannot assert jurisdiction over my children, and that Monaco will respect my children’s right to reside in their own country.”

“I hope that this decision will end this painful litigation, and that my children will be allowed to live in peace in their own country,” she added. “Like all German citizens, my ex-husband can presumably travel to the United States on his German passport and exercise his parental rights in this country, just as I have done for the past three years in France and Monaco on my U.S. passport. I pray that officials in this country and in Monaco will agree that three years in exile is a very long time in a child’s life, and that my children have a right to remain, once and for all, in the United States.”

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  • j b

    Hopefully this costs her everything and she loses her acting career. Nobody will want to work with a child kidnapper.

  • nitcho

    lol maybe she shouldnt have had her kids’ dad deported.

  • Batman0829

    Omg she’s a complete moron. She can’t “decide” against the law. She will lose her kids for good and maybe even go to jail.

  • devvv

    I’m not quite sure she understands how the law works. If people could just decide what they will and won’t do, jails would be empty.

  • Asha

    I do feel for her but I don’t think kidnapping her kids is the right thing to do. Eventually she will have to face the law and will mostly likely loose custody of her children.

  • Danae

    She basically kidnapped her own children…Both sides are at fault, though, since he didn’t allow Kelly to see her children in the spring.

    Still, I don’t think she’s doing anything to make the lives of her children better. The kids have spent past three years in Monaco, went to school there, made friends and I don’t think that they have indeed decided to live in the US. It’s very sad to see how their life stability depends on their mother and father’s irrational actions aimed only to hurt their ex-partner. They simply fight to win and show the other half that they are losers, not to do something to make their children happy. She’s very reluctant to live closer to them (work? what work? she has not been recently involved in any project requiring her constant presence in the US) and to give up her lavish lifestyle, even though she filed for bankruptcy some time ago. She does little effort (apart from visiting her children in Monaco, in which situation her ex-husband pays for plane tickets and provides housing and a car for her) to help Hermes and Helena go through this unharmed.

  • Revengefan0101

    I’m wondering what kind of lawyer she has advising her.

  • Sanna Leena

    And to make it worse, she even drags the children in front of cameras…she makes an excellent point to show that she is a bad mother

  • j b

    Her only saving grace is that Morocco has no extradition treaty with the U.S. So she doesn’t have to worry about being sent there to be beheaded.

  • http://www.soundcloud.com/cigo8179 Christopher I. Gomes

    I know this is off topic. But I remember seeing a snippet of a story of her on inside edition: where she married a guy and he had a stroke. She left him, and didn’t support him after his medical emergency. I think this woman lacks, a certain sensitivity chip. Karma, has its way of coming around. Other than that, I wish her the best. I hope her kids can find some semblance of a normal childhood. God speed!

  • Nicola

    I’m so sick of her antics. Since she’s openly admitting to kidnapping, I hope the court in Monaco acts swiftly and ensures that Daniel retains full custody of the children permanently.

  • b324

    These children need their own protectors from both of their parents. Sheesh.

    I want to know who is advising her on this. Because they need to be fired. How does she think kidnapping her children will help her case and look good to any judge in any country. She’s going to lose those children for good.

    And I can’t believe the second she got those kids, she paraded them out on the red carpet in front of all those cameras.

  • caru

    not Morocco but Monaco

  • Stephanie

    The children are Americans Citizens born in the US. This is their country. Monaco shouldn’t have a say in this custody. For all we know, the father might have bribed the Monaco courts to side with him.

  • shoes4life

    I knew her crazy ass was going to pull this! Now she will most likely lose any rights to her children because she can’t work it out with her husband by following the courts rulings. If she just do as told her husband might would be willing to relax these rulings to benefit her and their children. Dummy!

  • shoes4life

    It was not even a good I think 3 months after she married the poor guy that he was diagnosed with a deadly sickness in which he was given a certain amount of time to live. She promptly filed for an annulment or divorce. She didn’t even try to stand by the guys side she just abandoned the man.

  • http://www.soundcloud.com/cigo8179 Christopher I. Gomes

    Yeah, I always remembered that.

  • Danae

    Both Hermes and Helena have dual citizenship. They are actually citizens of the US and Germany.

    Even if Kelly “forgot” to put father’s name on Helena’s birth certificate.

  • Kat Penrod

    really, these two shouldn’t have had kids together… because really, the best and most sensible choice would be to (because before they spent all this money fighting over the kids, they had the money to afford this) arrange it so one parent gets them 6 months, then the other parent gets them 6 months… and alternate which parent gets them which seasons… obviously they need an education, so that’s fine… they could have a private bilingual tutor to teach them (german/english tutor). Both parents have equal rights to time with the children… both parents during non-custodial time should have the right to visit their children and spend time with them (like any parent who doesn’t have custody during a 6 month period would)… really, if adults when they break up could remember that it’s about the kids, not them, and that they still have to work together and be civil, it would be a better world (obviously that is not always doable even in the best of times, but you TRY)

  • St

    So…. she basically kidnapped them. And officials were so kind and allowed her to take them to USA. When I guess everyone suspected that one day she may not return them and do this exact thing…. Idiot.

    So now they will be removed from her, taken back to Monaco and she will be never allowed to have them in USA anymore. I suspect. And even when they will allow her to see kids in Monaco – it will be under supervision.

    Or she will be stripped of her rights completely. He will remarry and kids will have new mother figure.

    She is such an idiot I cant. Even Halle Berry came to her senses finally and understood that she cant have everything the way she wants.

  • Adrieanna Kahn

    Monaco, you know where Grace Kelly was a princess. It is everyone’s dream but only the elite get to experience it?

  • http://www.twitter.com/lynaila Mónica Provera

    Actually, if the father of the kids is German, by being from the EU they can live in whatever country in the EU they want and be covered by justice there. Another different thing is whether they claimed the second nationality or not, because if they were born in the US they’re Americans by default and they need to claim the second nationality if they/they’re parents want it. BTW, not that easy to bribe judges in Monaco… We’re talking about a very serious, rich country…
    I believe that given the fact that she already has a sentence in her favor, she’s pulling a legal maneuver and that she’s being well advised.

  • http://www.twitter.com/lynaila Mónica Provera

    Monaco, not Morocco. Monaco is in Europe, they speak French and it’s a principality. Morocco is in Africa, they speak Arabic there and it’s a reign.

    Also, as we’re on topic, Spain is in Europe too, we’re not from Latin America and they’re not Matadors, they’re Toreros (even if is a despicable so-called-art that should be eradicated from the face of the Earth). We’re the ones of the Paella, Sangría, Siesta and Ibiza. Pretty much we’re a f****ng cliché of a country with a laughable government but still, marvelous and beautiful.

  • Sarah Levin

    Under German law they are German citizens from birth as well. You can’t just cite one country’s standard and make it seem like they are not also equally German citizens
    .

  • Sarah Levin

    Rutherford is doing great harm to other parents. This is not US courts vs Chinese, Turkish, Ugandan or Malaysian courts. Both Monaco and Germany’s judicial systems are ranked equally or higher than the US.

  • Melissa

    First off, they are dual citizens and it was a California Judge who gave him primary custody for very good reason. He got a mirror judgment in Monaco, which he was required to do. He has complied with everything the court asked of him.She on the other hand has done nothing that the court has asked of her, she continually thumbs her nose at the courts. She is truly her own worst enemy, which would actually amuse me if it wasn’t for the fact she is hurting her children with all this crap. He would have to paying off a lot of different judges, so that is a stupid argument.You should read the courts decision on why this crazy woman has lost. She needs to be in jail!

  • Melissa

    I am with you on that. I usually advocate a parent not losing custody but in my opinion she is doing them way more harm being in their life than not. At the very least she should be required to undergo a psyche evaluation if she wants to be able to see them. A court needs to put a stop to her shenanigans, bring the hammer down on her, the longer this goes on the damaging it is for those poor kids :(

  • Escoffier

    There is a mirror order in NY state too as ordered by the CA judge because he knew she would do this eventually. She keeps trying to reopen the order, judge shop, and looses. She lied about where she lived so now no one believes her. She has had like four teams of lawyers that she stiffs by filing bankruptcy. Now she probably can’t get a lawyer so she gets “petitions” and celebrity letters sent to the White House.

  • Escoffier

    When did he not allow her full visitation in Monaco as ordered by the CA court? She has variously said she is too busy, too poor, or just tired of doing so. He pays for it but she is tired of it. She should have thought of that before she got her ex-lawyer to have her ex kicked out of the country (with his own lawyer as witness to blackmail).

  • Melissa

    Exactly!

  • Escoffier

    If they enumerate all of her violations in this visit from that CA court order she is headed for restricted visitation in Monaco in the presence of a policeman and a psychiatrist.

  • stevienix

    If it is as cut and dry now, as she says, she found a loophole. If no one has jurisdiction except Monaco? who is going to enforce it? I don’t know the details other than a few stories I have read but even I knew she wasn’t going to give them back, both sound extremely selfish. Extremely. I would have moved to Monaco. smdh.

  • Smarmy

    She is a whack job has-been. She has lied and lied and lied in order to get full custody of her kids and keep them away from the father. He agreed for 50/50, and she didn’t want that. She wants her kids to have one parent, and that is her. She talks bad about her ex in front of her son, which upset him. She told her son to scream for the police when he is with his father. Playing evil mind games with her son is sick, and all of it is done so she can win full custody. And then demand a big child support check from her ex hubby. She and her lawyer at the time lied about him saying he was a terrorist and arms dealer which resulted in him getting his visa revoked. In court her lawyer at the time admitted they had no proof of this and made it up in order to get Kelly full custody. The court ordered her to write a letter to the state department to reinstate the visa, she refused to do it. Vile, vindictive, selfish, narcissistic. She was ordered by the court to keep her kids out of the media, but look at her posing with them in the above pics. She realizes the only reason she is in the news is because of the kids, so she parades them all over LA and NYC so the paps can get pics and keep her relevant. She is one demented lady.

  • Smarmy

    She sure did kidnap them. She told the Monaco court that she would return her kids after she had her summer time with them. She lied to them, again. She planned to never return them. Such a beiotch! Now I bet the kids are freaking out because they are not going back to a home they are familiar with. Of course, she won’t let the paps get a pic of that.

  • Smarmy

    She already has lost her acting career. How many things have you seen her in since Gossip Girl? ZERO. Her kids are the only things keeping her in the news, which is why she parades them all over NYC so the paps can get pics.

  • Smarmy

    The court ordered her to keep the kids out of the media, so of course Kelly does just the opposite. What an entitled, vile, narcissistic woman she is. Not to mention a pathological liar.

  • Smarmy

    MONACO (where the father and kids live) does have an extradition treaty with the USA.

  • Murphy897

    She went to Monaco in May this year but took the kids’ US passports and refused to hand them over to a third party. Daniel said she could see the kids if she handed over the passports, but instead she ran back to America to cry to a judge that he was keeping them from her. That was when she got the temporary sole custody order, because it was an emergency hearing where Daniel wasn’t able to defend himself- the order was later reversed though. He asked for the passports because she had just done an interview where she said that anyone who took the kids to the US would be an american hero, so an invitation to kidnap them basically. Turns out he was right to be concerned about her kidnapping them.

  • Murphy897

    She went to Monaco in May this year but took the kids’ US passports and refused to hand them over to a third party. Daniel said she could see the kids if she handed over the passports, but instead she ran back to America to cry to a judge that he was keeping them from her. That was when she got the temporary sole custody order, because it was an emergency hearing where Daniel wasn’t able to defend himself- the order was later reversed though. He asked for the passports because she had just done an interview where she said that anyone who took the kids to the US would be an american hero, so an invitation to kidnap them basically. Turns out he was right to be concerned about her kidnapping them.

  • Murphy897

    She went to Monaco in May this year but took the kids’ US passports and refused to hand them over to a third party. Daniel said she could see the kids if she handed over the passports, but instead she ran back to America to cry to a judge that he was keeping them from her. That was when she got the temporary sole custody order, because it was an emergency hearing where Daniel wasn’t able to defend himself- the order was later reversed though. He asked for the passports because she had just done an interview where she said that anyone who took the kids to the US would be an american hero, so an invitation to kidnap them basically. Turns out he was right to be concerned about her kidnapping them.

  • Murphy897

    He wants her to be involved with the kids’ lives, she is so determined to get rid of him, which is why they’re in Monaco. If they were with her in the states they’d never see their dad because she probably wouldn’t let them.

  • Murphy897

    He wants her to be involved with the kids’ lives, she is so determined to get rid of him, which is why they’re in Monaco. If they were with her in the states they’d never see their dad because she probably wouldn’t let them.

  • Ren

    poor kids :(

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