Two American Kids Shipped to France in One of the Worst Custody Decisions. Ever.

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Reality Orlando

Reality Orlando

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Wasn't sure where to put this, but I certainly think it's bizarre. How could this judge decide two American children should be shipped off to France with a father who refuses to disclose so much info..and is not a resident of France? I'd be devastated if I were this mom. Wow.

Two American Kids Shipped to France in One of the Worst Custody Decisions. Ever.

"...after all, the mother who lost the legal right to live with her two children is actress Kelly Rutherford, who portrays Lily Van der Woodsen on the television show “Gossip Girl.” The identity of the parties, however, isn’t nearly as interesting or significant as the ruling itself — a judge ordering two American children to move to France because their father, Daniel Giersch, who is not a French citizen, was expelled from the United States."


http://washington.cbslocal.com/2012/09/10/study-majority-of-file-sharers-are-heavily-monitored/
 
Yep, this is the kind of ruling that is becoming typical in our family courts nowadays, as a result of the family 'justice system" valuing father rights above what is in the best interest of the children. moo
 
It's a file sharing article
 
Sorry, fixed the link. Thanks Doneta for the heads up:

Wasn't sure where to put this, but I certainly think it's bizarre. How could this judge decide two American children should be shipped off to France with a father who refuses to disclose so much info..and is not a resident of France? I'd be devastated if I were this mom. Wow.

Two American Kids Shipped to France in One of the Worst Custody Decisions. Ever.

"...after all, the mother who lost the legal right to live with her two children is actress Kelly Rutherford, who portrays Lily Van der Woodsen on the television show “Gossip Girl.” The identity of the parties, however, isn’t nearly as interesting or significant as the ruling itself — a judge ordering two American children to move to France because their father, Daniel Giersch, who is not a French citizen, was expelled from the United States."

http://abcnews.go.com/blogs/entertainment/2012/09/two-american-kids-shipped-to-france-in-one-of-the-worst-custody-decisions-ever/
 
Wow, what a horrid woman she is. I had only skimmed articles about Kelly and Daniel previously, and felt so sorry for her. Then this week, I came across a link to the court's statement of decision in this case: http://harris-ginsberg.com/wp-conte...rd-Giersch-Statement-of-Decision-13-10-24.pdf
From about page 21 on it just gets horrifying. So sad for the kiddos and for the Dad who has been trying to do the right thing.
 
I support Kelly Rutherford 100% and I wouldn't return my kids either. More power to her.

ETA: RESCINDED THIS VIEW
 
Hiandmighty said:
Didn't send kids back to Monaco

In Contempt of court

Ordered to appear in court today in NY with her kids

Will she be jailed for kidnapping?

http://www.nydailynews.com/entertai...sponds-claims-abducted-kids-article-1.2320667
Click to expand...

I hope so. But I doubt it. The decision to send the kids overseas with dad is a widely celebrated one in family law circles. It was a great example of attempts to alienate one's kids from the other parent, backfiring horribly.

But she should've been chastised more in that decision for what she did and tried to do. And she should've been forced to undergo counseling.

Also, ever since, she has repeatedly tried to change the court's orders, threatened to kidnap her kids, filed actions in various courts, and paraded the kids in front of the media in violation of court's orders.

Parental alienation is child abuse. She needs to be called out. Instead, she gives her sob story which most accept as true without any research, including the media, and hundreds of celebrities who "support" her.

It has been driving me crazy!
 
Zuri said:
I support Kelly Rutherford 100% and I wouldn't return my kids either. More power to her.
Click to expand...

I'm very sorry to hear that. I wonder if you've read any of the actual decision which outlines her conduct as a parent versus her exes' conduct.

I believe she should lose custody as a child abuser, and have only supervised visitation until she gets help, rather than be rewarded with joint physical custody and and an almost equal parenting time agreement (which she has had ever since her kids have moved overseas), and her ex footing the bill for all her travel overseas to exercise custody.
 
Kelly Rutherford appeared in court Tuesday to face the consequences of refusing to send her children back to Monaco on Friday – but she did not bring her children, a move that angered the judge on the case.

Rutherford was required to appear in court with son Hermes, 8, and daughter Helena, 6, after a New York Supreme Court judge signed a writ of habeas corpus on Monday filed by Rutherford's ex-husband Daniel Giersch.

Gesmer said she does not "look kindly upon" Rutherford's failure to comply with the order requiring the children's presence. When Rutherford tried to address the judge directly, Gesmer shut her down.http://www.people.com/article/kelly-rutherford-court-appearance-post-keeping-children

Judge is not happy. But I am. Seems like the judge is not in the mood for any of her theatrics. I wonder if we will get to find out what happens soon. The media have now been barred from the courtroom. (As they probably should be. Family law actions should be private for the kids' sake).
 
gitana1 said:
I'm very sorry to hear that. I wonder if you've read any of the actual decision which outlines her conduct as a parent versus her exes' conduct.

I believe she should lose custody as a child abuser, and have only supervised visitation until she gets help, rather than be rewarded with joint physical custody and and an almost equal parenting time agreement (which she has had ever since her kids have moved overseas), and her ex footing the bill for all her travel overseas to exercise custody.
Click to expand...

I have only watched her interviews and have not read the court decision. I have listened to the legal analysts on TV debate this decision. Dr. Phil did an expose on this case and I just didn't think it was fair. IMVHO.
 
I am reading the link about the decision now so I may change my mind.
 
Ok. I changed my mind. Wow, she sure is good at manipulating the media and had me convinced that her ex husband was a horrible person. She made it sound like one of those cases where she didn't know where the children were and that Daniel had essentially kidnapped them.

In reading the decision though, the Court sounds very annoyed with Kelly. Very. I don't ever remember reading an opinion where the feelings of the Court were so transparent, but then again, I don't read very many.

I really appreciate the links and the updates on this case. I was very wrong and should have read all the opinions before lending my virtual support. Can I blame Dr. Phil? Please? :)
 
Zuri said:
Ok. I changed my mind. Wow, she sure is good at manipulating the media and had me convinced that her ex husband was a horrible person. She made it sound like one of those cases where she didn't know where the children were and that Daniel had essentially kidnapped them.

In reading the decision though, the Court sounds very annoyed with Kelly. Very. I don't ever remember reading an opinion where the feelings of the Court were so transparent, but then again, I don't read very many.

I really appreciate the links and the updates on this case. I was very wrong and should have read all the opinions before lending my virtual support. Can I blame Dr. Phil? Please? :)
Click to expand...

You bet. And Dan Abrams and countless other pundits and celebrities and journalists who take her word for everything and fail to do the merest investigation.

I've known a lot about this case early on, long before the 52 page decision was published because it is a famous case in family law circles.

Every summer since the decision was issued (originally in summer 2012), she has refused to send the kids back to Monaco and files something in some court trying to keep them here. Three years in a row now.

Jurisdiction was in California originally. But he was forced to move overseas and then she moved to NY, where she likely felt she'd get a better deal with custody, since they tend to favor moms in NY. So she kept trying to say NY had jurisdiction over California.

But in the case where both parents move out of the "home state" and the kids no longer reside there, the place where the kids reside can take jurisdiction. That's what happened here. Now Monaco has jurisdiction and U.S. Court only have the power to enforce the foreign court orders.

I hope she stops "fighting" for her kids. She has them. A lot of time with them. What actually amounts to equal time with the kids when you add up all her vacation time with them here as well as almost unlimited time overseas with their dad paying her flights and hotel. Yet she won;t stop :fighting" for them. And in the process, she is ripping them to shreds.

She's also shooting herself in the foot. Soon, she is going to start losing custodial time. The father can't be expected to fight expensive court battles every year.
 
I must admit over time when seeing brief interviews with Kelly I felt for her. It wasn't something I gave a lot of thought to other than "so sad the kids cannot be with Mom". Thank you for the poster who posted the link to the court papers. That was eye opening and I feel so bad for those children and their Dad. I will pray for them.
 
Wow. Gitana, just wow. She sure acts entitled doesn't she? She was complaining on TV that she was supporting her ex husband and had to pay all the legal bills. So basically she has lied, manipulated, conned, broken the law, has been deceitful and mean. Why on earth wouldn't she put Daniel's name on Helena's birth certificate? Or file the affidavit with Immigration? It doesn't seem like she has her children's best interest at heart, simply her own.

I bet Dr. Phil is mad at being duped too, but at least I am some smart company ;)
 
I just watched the TMZ coverage of this mess and they got it wrong too. Harvey Levin said he must be missing something, because from what Kelly has stated, this makes no sense. The blame for not re applying for a Visa has been put on Daniel, according to TMZ, even though it has been Kelly who has held it up which TMZ is not aware of.

TMZ caught Kelly outside of Court and apparently the children have been sent back to France "essentially ripped from her arms".
 
She reminds me of my borderline personality/bipolar sister, who is also a pathalogical liar.
 
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