Kelly Rutherford Kids MUST Go Back To Monaco, Judge Rules

Truth rating: 10
Kelly Rutherford Kids Ordered Back To Monaco

By Shari Weiss |

Kelly Rutherford Kids Ordered Back To Monaco

(Getty Images)

Kelly Rutherford’s kids MUST go back to Monaco, a New York judge ruled on Tuesday.

As Gossip Cop reported, Rutherford willfully skipped last Thursday’s deadline by which son Hermes, 8, and daughter Helena, 6, were supposed to fly back to their father Daniel Giersch overseas. In a statement, the actress argued that she was not obligated to send them because both California and New York courts had recently said they did not have jurisdiction over the case. Rutherford felt if that was so, no one in the U.S. could force her to hand over the children, both U.S. citizens.

But Rutherford got a rude awakening in a Manhattan Supreme Court on Tuesday morning. Though she was ordered to bring her son and daughter with her, she did not, with her attorney citing a desire to keep them away from the “media circus.” Judge Ellen Frances Gesmer was NOT happy, even though the lawyer claimed they were “close by” and “maybe 10 minutes away.”

In addition to his legal team, Giersch’s mother was in court, expecting to look after the kids. Judge Gesmer told Rutherford that she did not “look kindly upon” Rutherford ignoring the order to have the children in court. She also shushed the “Gossip Girl” star when she attempted to speak.

As Gossip Cop has reported, Rutherford and Giersch have been at war for years, with a U.S. judge ruling in 2012 that the children should live with him abroad because he was not permitted to enter America. The custody order called for the kids to return for visits, which never happened, and they only saw their mother when Rutherford traveled to see them. She has been battling to get primary custody back for the last few years, on the grounds that minor U.S. citizens shouldn’t be “exiled” from the country.

After making that plea and further claiming Giersch had violated their custody order, Rutherford was awarded temporary custody in June by a Los Angeles judge, who said the kids should return to the U.S. for the summer. An August 6 date, however, was set for their return. And after the same judge decided he could not rule any further and a New York judge said the same, jurisdiction was left to the Monaco courts, where Giersch has been trying to establish permanent custody.

Giersch’s camp accused Rutherford of essentially kidnapping the children by missing the return deadline, and now Judge Gesmer has signed a court order demanding the kids go back to Monaco immediately, where they will stay as Giersch works out his visa issues. The next hearing in Monaco, however, is slated for September 3.

Hermes and Helena are currently with Giersch’s mom and now on their way to the airport for a flight to Monaco. TELL US: What do you think of Rutherford losing custody?


  1. Gossip Cop
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  3. LawNewz
  4. The Mary Sue