Two American Kids Shipped to France in One of the Worst Custody Decisions. Ever.

[cali]

A true wtf.

The TMZ headline screamed “Devastated.” Much of the entertainment media followed, from People Magazine to E! After all, the mother who lost the legal right to live with her two children is actress Kelly Rutherford, who portrays Lily Van der Woodsen on the television show “Gossip Girl.” The identity of the parties, however, isn’t nearly as interesting or significant as the ruling itself — a judge ordering two American children to move to France because their father, Daniel Giersch, who is not a French citizen, was expelled from the United States.

<snip>

Giersch’s business remains enigmatic, to say the least. People Magazine reported that he was accused of “dealing drugs and weapons,” while an affidavit presented in the case accused him of fraud. When questioned about this by Rutherford’s lawyer, Giersch was unwilling to even say definitively whether he is employed much less exactly what he does (or whether he has a house in the Hamptons for that matter). Whatever the cause, since he can no longer legally enter the United States, Rutherford has been traveling with the kids to Bermuda, Canada and France, among other places, to afford him visitation. Meanwhile, while Rutherfords’ official domicile was Los Angeles, she spends her time traveling back and forth to New York to shoot “Gossip Girl.”

Enter Judge Theresa Beaudet of California Superior Court, Los Angeles County who, as it turns out, presided over a similar type of case before. Judge Beaudet was left to determine with which parent the children should reside. Custody would be “joint,” but that’s somewhat moot when one parent lives across the Atlantic.

<snip>

Put aside the fact that neither of the parents are French citizens, both of these children were born and raised in the United States. Amazingly, the legal question was whether the children of a loving American mother should be forced to live in a country where neither parent has citizenship because their father had done something that made him illegible to remain in the United States. Not surprisingly, an independent lawyer retained to represent the children’s interests sided with Rutherford, arguing that the best interest of the children would be served by remaining in New York.

<snip>
http://abcnews.go.com/blogs/entertainment/2012/09/two-american-kids-shipped-to-france-in-one-of-the-worst-custody-decisions-ever/

[jberryhill]

1. That article reads as if it was written by her publicist

[cali]

3. I think it just puts things starkly

Disgusting decision.

[jberryhill]

4. Not having access to the decision...

...then whether it is "put starkly" or not is indeterminate.

The prose is pretty purple.

This is a real standout:

"the legal question was whether the children of a loving American mother should be forced to live in a country where neither parent has citizenship because their father had done something that made him illegible to remain in the United States"

No, that's not even a legal question. I'm used to seeing legal news mangled, but that's really a joke of a summary.

[abelenkpe]

2. Same thing just happened to my sons best friend

He has been turned over to his father in Italy even though he is a us citizen, doesn't speak Italian and his father abused his mother. Were hoping court will reverse their decision this December but custody battles like this take years and cost insane amounts of money and worse heartache.

[Zalatix]

5. If I were the kid, they'd have to KILL me to take me out of my country against my will.

Fuck that.

[cabot]

6. Apparently, prior to the custody decision, she tried to cut the father out of their lives

Maybe if she hadn't done that, she'd have custody now.

http://www.dailymail.co.uk/tvshowbiz/article-2196044/Gossip-Girl-actress-Kelly-Rutherford-lost-custody-battle-trying-cut-father-childrens-live.html?ito=feeds-newsxml

And yes, I know it is the Daily Mail. Here's another non Daily Mail link. She refused to let the husband's name be on the birth certificate of one of their children. I guess the judge was pissed off she kept disobeying court orders.

http://www.lipstickalley.com/f15/judge-explains-why-kelly-rutherford-lost-custody-kids-428568/

[Hamlette]

7. OMG you made me look

Ever happen to you? You see a post, you think it odd, you mindlessly click through and find out it really isn't true but there you are, reading about some hollywood type you could give a rats ass about?

Ack.