Kelly Rutherford’s Custody Request Denied

Kelly Rutherford unfortunately still has to pay her own way to fly to Monaco to see her children Hermés, 7, and daughter Helena, 4. The Gossip Girl actress has been in a nasty custody battle with her German-born ex-husband Daniel Giersch.

Since his U.S. passport has been revoked – she has to travel to the country and bring them back to New York for visits. According to E! News – she wanted Giersch to have to pay her travel costs but the judge ruled against her.

She released a statement saying, “What have we come to that American children can be deported from their own country – without doing anything wrong? The mother did nothing wrong…yet the mother and her children get punished? The father who isn’t even American wins. In an American court of law.”

Rutherford will soon travel to France to pick up her children and bring them back to New York City, where they will spend Christmas together.

The 45-year-old mom has said she has flown back and forth 45 times since her custody battle with Giersch began in 2009.

In September she told Celebrity Baby Scoop how she handles the situation with her kids.

She said, “You just have to remind yourself that you will get through it, because it goes on for a while. At the end of the day, it passes. The priority is the kids and when they have questions, I make sure to sit down and answer them. I try to be as kind and as respectful of them as possible, and I also let them know that I don’t always know either.

“I let them know that I’m still figuring out the situation but the one thing I do know is that their father and I love them. I let them know that we’re working it out and to enjoy each moment, whether they’re with their dad or whether they’re with me. You have to make them feel connected.”

Filed under: Kelly Rutherford

Photo credit: FameFlynet


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  1. Anonymous

    What a rather hateful and racist statement. Her children are better off without her.

  2. Anonymous

    So only Americans can win in an American court? How about the right person wins? The only parent the children have who is mentally fit to take care of them and not a self-absorbed narcissist.

  3. mickey

    It’s easy to judge others, even when – or especially when we don’t know the exact situation, but maybe she should ask herself the same question: where have I come that my children are not allowed to live with me, but with their father…? This is not something a judge would decide without reason.

  4. Eve


    • Sarah

      She is broke. Bankrupt. How is she supposed to move to Monaco and support herself? He won’t even pay for her flights. She has to earn a living somehow and her craft is acting. Not a lot of acting gigs in Monaco that I’m aware of.

      • meghan

        Monaco is a small part of a large continent that has film and television industries. She has to play the martyr. She created this mess herself with her lies.

        • meghan

          According to the Judge’s 2012 Order, the children’s father was granted physical custody because “Daniel has facilitated the relationship of the children with Kelly…and Kelly simply has not done so.” The Order further stated that “even while under the scrutiny of an extended trial, Kelly still has declined to demonstrate the level of commitment to facilitating the relationship that would be required of a residential parent in a relocation situation.”

          Want to keep flapping your gums about how the father created this mess “Smart One”?

        • Sarah

          That has nothing to do with why their marriage ended. And you didn’t answer my question. NAME AN AMERICAN ACTRESS THAT IS SUCCESSFULLY EMPLOYED IN MONACO.

  5. Anon

    Good. She got him deported, she deserves to pay the consequences. Karma.

  6. Anonymous1

    While I fully admit that I do not know first hand anything about her situation, if I remember correctly wasn’t it her dishonest behavior that started this whole mess in the first place? I’m sure it must be terribly difficult for her as a mother to be away from her children but she should look back on things and realize that she brought this on herself and has noone else to blame.

  7. Robin

    I feel sad for,her. I can’t imagine being separated from my children by continents. It would eat me alive.

  8. Tracy

    Maybe she should try to help Giersch get his US passport back. That would require a bit of groveling and admitting she may have lied in the past, but in the end, if she wants to see her kids more often without traveling so much, it would be the best solution.

  9. Lauren

    I think this whole situation is ridiculous. In Canada, and I believe that most states in the US have this rule as well – you can not take the child a certain distance away from one of their parents without their consent. Also if there is no means for that parent to make a living if they relocated to that area, then that certainly helps the case.

    She is an established actress in the US. The only other place where there is real promise for her to continue her career in acting is actually in London. That being said, London is more of theater and if you took a step back from your judgmental pedestal, you would realize that she is a television actress. They are different and not everybody is able to cross into both.

    Also, I am entertained at some of you saying it is her karma.. nobody ever thinks about the kids in these situations do they? They are the ones that are suffering from this so called judge who clearly has no idea what the hell he/she is doing. I speak from experience because I grew up with one of my parents across the country. It was traumatizing.

    So yes, it is completely stupid what is happening with that situation. Also, there is no proof that she was behind his deportation but that being said, he was breaking the law in the US thus grounds for a revoked visa. Sorry. No sympathy for him. Doing shady business was a risk he chose to take with children as citizens of the country – yet… he is now getting rewarded!

    Unbelievable. The whole situation is a mess.

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