Rutherford has been seeking an order that would return her children to the United States so they can live with her, but Juhas’ ruling will likely shift the case to Monaco where a judge is also considering custody matters at the request of her ex-husband.
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Rutherford asked for sole custody of the children as Giersch is unable to travel to America, but a California judge ruled that the children could live with him in France.
“We are ecstatic, and hopeful that Monaco will respect the California court’s ruling and send the children home”.
In 2012, Rutherford and Giersch had a joint custody arrangement when Giersch lost his U.S. visa and a California judge ruled that the two children should stay with him in Europe.
Juhas convened a two-day hearing that focused on Rutherford’s finances, travel and her business and family ties to Los Angeles.
The star’s lawyer David Glass said in a statement to the New York Daily News: ‘We are extremely disappointed. “This court set up the current situation whereby my client was forced to live bi-coastally, but now, the court appears to be holding it against her. Likewise, the court created the situation whereby the children would slowly lose their connections to California from what was supposed to a ‘temporary move, ‘ and despite the judgment’s language precluding the passage of time from creating new jurisdiction, that is exactly what has happened”.
“The court realizes that (Rutherford) may be in a hard place, but California does not have jurisdiction”, Juhas wrote.
He added Rutherford herself would comment later today.
Rutherford married German businessman Giersch, 41, in August 2006, and filed for divorce in December 2008, while she was pregnant with their second child, Helena. “He believes that the children deserve to love both parents and has never, nor does he intend to ever, participate in any negative press directed at Kelly”.
Kelly Rutherford’s kids may be spending the summer stateside with her, but it looks like after their fun in the sun is over – it’s back to live with Dad for good! Now, there is no court in the U.S. that has jurisdiction, Abrams said.
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Kelly has been vocal about her ongoing legal battle for her children for the past three years.
