The Gossip Girl star’s battle to reunite her family on American soil has hit another roadblock; her two children will not be traveling to the United States next week for a planned custody hearing. On Thursday, in a prearranged phone call, Monaco and California judges decided against sending Kelly Rutherford’s children with her ex-husband Daniel Giersch to Los Angles for attending a court hearing on Monday, according to several sources.
The L.A. judge chose to postpone the court hearing till July 9th because he isn’t sure if he has jurisdiction of the case. However, sources of said that there is a court hearing on June 22nd in Monaco, which Giersch will attend and he could fill for full custody of the children there. Rutherford’s representative has confirmed that she will be traveling to Monaco in order to attend the hearing. One of her attorney, Wendy Murphy said that the case was all about the passage of time and about the fact that a temporary parental visit to their father had turned into a mandatory forced residency of the kids in a foreign nation because of a court order.
She said that no authority has the right to force an American child into exile from their own country. She asserted that it was disturbing to see two judges not understand this simple reality. The lawyer said that nothing was more fundamental than the right of an individual to live in their own country because American citizenship has no value whatsoever in a foreign country.
46-year-old Rutherford had been granted temporary sole custody in late May to bring 6-year-old Helena and 8-year-old Hermes to Los Angeles on Monday. Technically, the actress and her ex-husband had shared joint custody though the kids have lived with their father in France and Monaco since 2012, when their dad’s US visa had been revoked. However, two weeks back, a stay on the order had been issued by a California judge until Thursday’s call.
A source close to Kelly Rutherford said that she was fully committed to bringing her children to their home country and is looking forward to raise awareness for other people who have encountered themselves in the same situation via her organization called the Children’s Justice Campaign. This is a huge setback for the actress because she absolutely adores her children and wants to see them back on American soil.