Kelly Rutherford heads to Monaco court in custody battle
INFphoto.com/INFphoto.comKelly Rutherford arrives at Thursday’s custody hearing at the Justice Court of Monaco in Monte Carlo.
Kelly Rutherford was back at a Monaco courthouse Thursday in the latest chapter of her bitter trans-Atlantic child custody war.
The “Gossip Girl” actress was photographed further than the Court of Justice in Monte Carlo wearing dark sunglasses, a sleeveless sheath dress and a smile.
It was not immediately clear what happened or if the judge made any rulings.
Early Thursday, Rutherford posted a series of intimate family photos on Instagram showing some recent pleased times with son Hermes, 8, and Helena, 6 — the kids she shares with her ex-husband Daniel Giersch, a German businessman living in Monaco and France. One pic was of the actress touching noses with her adorable daughter.
Another showed her cuddling with both kids, her face pressed against her son’s head.
“You are my sun, my moon and all of my stars,” read a line from poet E.E. Cummings posted to her account at the same time.
“Kelly trusts her Monaco legal team and feels that the Monaco judge treated her with respect when she was there last June. She believes the judge will again treat her with respect,” Rutherford’s Boston-based lawyer Wendy Murphy said in a statement to People magazine.
@kellyrutherford via InstagramRutherford posted photos of her children, son Hermes, 8, and daughter Helena, 6, before her scheduled court hearing in Monaco.
“Kelly is praying that the judge in Monaco does the right thing on Sept. 3 and sends the children home to America,” Murphy said.
It was in 2012 that a California court sent the kids to live in Monaco with their dad while he worked out problems with his U.S. visa.
She’s flown back and into the world to visit them some 70 times over the last three years as part of a shared custody covenant that’s left her emotionally and financially drained, one of her lawyers said during a hearing in July.
When courts in California and New York recently ruled they no longer had jurisdiction in the matter, Rutherford said she felt compelled to defy a Monaco court order and keep the kids in the New York after a recent five-week summer vacation rather than send them back to their dad as scheduled.
Giersch quickly not compulsory the kids had been abducted and filed a writ of habeas corpus in New York.
A Manhattan judge reviewed the case and ordered the kids be turned over immediately to their motherly grandmother for a flight back to the tiny country on the French Riviera.
@kellyrutherford via InstagramThe mom, who’s battling for custoday with her ex-husband, Monaco and France-based Daniel Giersch, shares a sweet moment with 6-year-ancient Helena.
Rutherford later defended her risky maneuver saying the kids had a “panicky” reaction to their departure and no U.S. court was ordering her to put them on a plane — at least initially.
“They were really splendid the entire time. We were painting, horseback riding,” Rutherford told People, describing the kids’ vacation. “Then right when they knew they were going to go back, they got really panicky. My daughter was crying, my son started saying, ‘Mommy, I’m worried.’”
The former “Melrose Place” actress said her whereabouts were never a bolt from the blue since she remained in New York and claimed she was in communication with Giersch about her need for more time.
“(It) was the first five weeks straight that I’ve had with my children in six years, since Helena was born. It’s hard to clarify that to someone,” Rutherford said.
“My goal is their well-being and that they’re safe, pleased, healthy kids. It’s scary,” she said. “My kids have been through a lot. I’ve done everything I possibly can to let them think that everything is normal.”
Giersch’s camp says the 2012 California custody order must be honored with Monaco now in charge of its enforcement.
One source said Giersch still supports Rutherford’s access to the kids, even after the August incident in New York.
“Despite what just happened, he’ll never exchange position that he’s going to promote her relationship with the kids. That’s hugely vital to him. He’s always wanted to facilitate her time, and that won’t exchange,” the source told the Day after day News last month.
The source said the Thursday hearing in Monaco was set to review Giersch’s request to vaccinate the kids.
“He’s simply requesting to be able to vaccinate the children. There’s dispute there. He’s asking for court permission and some choice-making abilities,” the source said.
“She’s fought him for years on vaccination,” the source claimed.
ndillon@nydailynews.com
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