May 24, 2015
“On May 22, 2015, California Family Court Judge, Mark Juhas, ruled that Kelly Rutherford‘s children, Hermes and Helena are to be returned immediately to the United States. Kelly Rutherford has been granted sole legal and physical custody pending further order of the court.” – Chelsea Storey, Law Office of Chelsea Storey
In 2009, actress Kelly Rutherford entered the Family Court system naively believing that the best interest of her two American children would be served by presiding Judge Teresa A. Beaudet. In an unprecedented move labeled by legal analyst Dan Abrams as “the worst custody decision ever,” these young children, Hermes and Helena, were ordered to live with their father, Daniel Giersch in France. This six-year custody battle has left Kelly bankrupt on both an emotional and financial level.
Daniel Giersch recently filed for custody in Monaco asking the court to retain jurisdiction of the case and was successful in his quest when Monaco declared the children “habitual residents” and restricted Kelly’s access to the children significantly. This week, Daniel denied Kelly’s parenting time while refusing to acknowledge the California court order that reads, “The Court intends that each child’s habitual residence will remain the United States and that any foreign travel or stays in other countries will be temporary in nature, and not result in a change of either child’s habitual residence, or of jurisdiction to modify custody and visitation orders, or issue new custody and visitation orders.”
In a riveting turn of events, Kelly’s legal team consisting of Wendy Murphy, David Glass and Chelsea Storey, filed an ex parte hearing in Los Angeles Superior Court on Friday where Judge Mark Juhas ordered that Hermes and Helena are to be returned to the United States immediately. This ruling follows an overwhelming outpouring of celebrity support which came as a result of a petition targeting and appealing to President Barack Obama.
Kelly currently remains in Monaco awaiting a reversal in the order declaring the children as habitual residents and furthermore, enforcing the order from the California courts. Never before has a custody case garnered international media attention to this degree. I think it’s safe to say that Americans will be on pins and needles awaiting the return of these two American children, Hermes and Helena.
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