Kelly Rutherford Loses Children to Monaco, Loses Appeal to Get Them Back in US
The bitter international custody battle that "Gossip Girl" actress Kelly Rutherford has had to endure in the public eye has taken yet another turn. According to Us Weekly, she has just been dealt another set back.
Back on Aug. 7, the actress was supposed to take her two young children back to Monaco per a written order by a Monaco judge. But the actress refused to take her kids back to ex-husband and German businessman Daniel Giersch, citing that Monaco does not have jurisdiction over her children and she should not be compelled to do so.
She had already been granted temporary custody of her children by a California court, which later ruled that it no longer had jurisdiction over her and her children since she did not live in the state. She got the same verdict from a New York judge as well.
The actress then was forced to say goodbye to her children in a courtroom on Aug. 11, which is when the two young children were sent back to live with their father in Monaco.
She just recently was dealt another blow from the federal court, which decreed that it was state court matter and refused to rule on it.
"The federal court ruled that it was a 'state court' matter -- not proper for federal court, which is a bit odd given that federal courts have concurrent jurisdiction over Hague Convention matters and this was a Hague Convention case in the state court," said Rutherford's attorney Wendy Murphy.
Murphy also said that the children are not citizens in Monaco and therefore cannot rule on custody of Rutherford's two children.
"So why would Monaco want to restrain the children from living in their own country?" Murphy said in her statement. "Monaco has no interest in the children, and we will be showing the Monaco judge the father's agreement 'never' claimed that the children ARE residents of Monaco, or should be declared residents of Monaco."
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