Kelly Rutherford on Her Ongoing Custody Battle

Kelly Rutherford writes from her heart on why her ongoing child custody battle represents a greater legal issue. We asked Kelly’s ex-husband, Daniel Giersch, for a statement on the show and his attorney, Fahi Takesh Hallin, responded, “Daniel Giersch continues not to comment publicly about the parties’ custody case, in order to protect the children’s privacy.”

I am sharing my story with the world so that no other mother has to experience the pain and suffering that I am going through. We have a flawed legal system and there needs to be a change.

Although I did everything within my power to facilitate a positive relationship between my ex-husband and our children, and although I traveled far and wide to facilitate a shared custodial arrangement with my ex-husband, a judge effectively deported my two (2) minor children to accommodate a man who had his VISA revoked, for reasons unknown.

Without any inquiry as to why my ex-husband’s VISA was revoked, the Judge forced my young children, both of whom are US Citizens to reside in France, even though the children have no relationship to France, nor is their father a French citizen. Although, NY was the only home my children have ever known and the children’s own counsel recommended that the children be allowed to stay in the United States with me, the Judge made a decision in direct contravention of expert opinion.

Although my children are US citizens, the fact that they reside in France places them in legal peril. The longer they remain in France, the greater the chance becomes that they are afforded the status of French residents. This is particularly dangerous because France is in no way obligated to respect and/or enforce judicial determinations made in US Courts. In essence, French officials could modify a custody and visitation decision at any time, without any legal recourse for me or my children. Change needs to happen now.

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