The Kelly Rutherford Custody Battle Has Gotten Messier (Yes, That’s Possible)

May 22, 2015 / Posted by:

As everyone who’s been following this batshit crazy custody saga knows, Kelly Rutherford from Gossip Girl and more importantly Melrose Place, has been fighting hard to get her kids Hermes and Helena back into the US. They’ve been living with their father Daniel Giersch (seen above giving you “preppy twink J. Crew assistant manager” realness with Kelly during happier times) in Monaco since 2012. A judge in California let Daniel, who is a German citizen, take the kids to Monaco, because his US Visa was revoked after someone on Kelly’s legal team reportedly decided to play a little dirty by telling the State Department about his alleged shady business dealings. Kelly denies this. Daniel is supposed to reapply for a US Visa, but he hasn’t yet.

Kelly has taken the case all the way to the federal level where it was denied. Now, she’s trying to get the White House and President Obama involved. With Kim Kartrashian’s help, she got over 100,000 signatures on her petition to get her kids back. Kelly has also been doing the media rounds and will fart at the mouth about this to anyone who puts a mic in front of her. Well, something she said to TMZ has kept her from seeing her kids in Monaco.

A little over a week ago, Kelly told TMZ that her kids are American citizens and their constitutional rights have been fucked with because they’ve been taken to a foreign country on an unenforceable order. Kelly has shared custody with her ex and she says that he’s trying to get all her rights taken away. While talking to TMZ, she said that she would love it if someone did what’s right for US citizens and brought her kids back to the US. Kelly said it’s a very Pro-American thing to do and whoever did it would be an American hero. (Even Laura Jeanne Poon was like, “Ease back on the American citizen stuff a bit.“) That is a great thing to say when you’re in the middle of a messy, international custody battle and the other side is looking for anything to screw you over with.

Of course, Daniel’s lawyer is using what Kelly said against her. Kelly showed up in Monaco yesterday to see her kids, but Daniel refused to let her see them until she handed over their US passports. Daniel thinks she might grab them and run Not Without My Daughter-style. Kelly claims Daniel wants her to give the passports to his attorney, but his attorney claims they want her to give the passports to a third party. Daniel’s lawyer spit this out to People:

“Any statement to the public suggesting that if someone were to bring the children back to America (which is in violation of the custody orders and criminal) that he or she would be a hero, is unacceptable on many levels. It creates a very real and present risk to the children’s safety and well-being that must be taken seriously. As a result of such statements by Kelly, Daniel has had to take necessary precautions in accordance with the parties’ Judgment and custody orders, which includes requesting that the children’s passports be held by a neutral person when the children are not traveling.

Daniel has not requested that the children’s passports be turned over to him, and that is a false claim. Daniel has always been and will continue to be in compliance with the Court Orders and ensure the children’s safety and well-being.

Daniel’s goal is to continue to protect these children and shield them from any media exposure, which is against court order. We are taking Kelly’s statements to the media very seriously.”

They both sound like a mess and I’m sure each of them got an Edible Arrangement delivered to their house and the note attached read: “Thank you for making my shit bag ex and me look almost sane by comparison. Kisses, Halle Berry.”

Pic: Getty

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