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Actress Kelly Rutherford dealt major setback in Monaco custody battle
Gossip Girl star’s battle with Giersch began shortly after she filed for divorced in 2008 when she was still pregnant with daughter Helena.
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On Wednesday (16Dec15) she posted a message on Instagram.com, reading, “Dear world – we can do better and we will. That’s All”. However in accordance to New York NY lawyer Susan Moss of Chemtob Moss & Forman, who hasn’t handled Rutherford’s case directly, the mom of nine-year-old Hermes & six-year-old Helena has nobody to blame still herself.
The Monacan court granted full custody to Giersch because a judge feared the actress would abduct her children and bring them to the United States.
The kids spent the whole summer with the actress in the USA but, when she chose to hold them up, a Supreme court Judge from NY ordered the return of the children as soon as possible. Unfortunately, the custody battle finally came to a close last Tuesday in favor of her estranged ex-husband, Daniel Giersch.
The court order stipulated that Rutherford and Giersch must make joint decisions concerning 9-year-old Hermes’ and 6-year-old Helena’s “health, schooling, religious education and any change in residence”.
Part of this decision stems back to the problems that Kelly has given the court over the case.
“For three years, he did nothing”, Murphy said.
It is the latest, and final, blow for the actress who has fought to regain custody of her children since losing them in a 2012 judgment that she described at the time as ‘shocking, illegal and abusive’.
The process has been so taxing on her finances that she was forced to file for bankruptcy in May 2013 after years of litigation fees reportedly totaling around $1.4million.
He also said that, if Rutherford believes that it is very hard for her to travel to Monaco, she should have not “kidnapped” the kids and should have returned them to their father accordingly, without any controversy, according the report relayed by People. In the years following, judges in California and NY both rejected the notion that they had jurisdiction in the case.
Giersch, meanwhile, was also ordered to pay Rutherford approximately $3,281 a month in support and to obtain German passports for the kids.
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The court threw out Giersch’s demand that all money received by Kelly for “exposure of her children in the media” should be paid into a bank account opened in his name, for the children.