Kelly has decided to keep her children with her in the United States rather than send them back to Monaco to be with Giersch.
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Her ex-husband Daniel has been living in Monaco with the kids for several years, but a judge in the principality, which now has jurisdiction over the feuding parents’ custody case, awarded Kelly with the opportunity to spend time with the tots in the US for the summer.
People reports that Giersch’s lawyers have accused Rutherford of child abduction, extortion and making false statements.
“Daniel’s goal is to continue to protect these children and shield them from any media exposure”, read Hallin’s statement, which was made before Rutherford was allowed to take the children back to the states.
Kelly Rutherford is opening up about refusing to return her children to Monaco. News. “Daniel will make sure that the children’s safety and well being will be restored as soon as possible”. For years, Kelly has fought to bring Hermes and Helena back home, however, neither California or New York court systems claim to have jurisdiction in the case.
“It’s been very hard for the kids and I, it’s been kind of cruel, in a way, because we just want to see each other and be together, and they’re very young”, she said. Since May, however, the court proceedings have been confusing.
‘My children were forced to leave the United states in 2012 when they were only two and five years old’.
“It also means that no state in this country now requires me to send the children away“, she says.
Last month, Rutherford was reunited with her kids, and it looked as though they’d be staying with her in LA for the foreseeable future. However on July 23, the court again granted Giersch the custody of the children on account of which they were to board the plane on or before the 7th of August, reported Hollywood Life.
Since Giersch has said his visa was revoked and he could not visit their son Hermes, 8, and daughter Helena, 6, in the United States, a judge granted him custody of the children until he sorted the matter out.
‘I believe Monaco appreciates why it can not assert jurisdiction over my children, and that Monaco will respect my children’s right to reside in their own country’. Giersch has not yet commented on Rutherford’s move, and the legality of it is unclear.
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A hearing is scheduled for September 3 in Monaco.
