I feel like every time I write about this disaster of a case, I have to repeat the history of it for those of you who don’t know. Well, if you don’t know and care, you can read an easy-to-read and pretty comprehensive rundown of the case at Jezebel, or just watch a car crash compilation video on YouTube since that pretty much sums it up.
Yesterday, Manhattan court judge Ellen Frances Gesmer ordered for Kelly Rutherford’s kids to be put on a plane back to Monaco to be with their father Daniel Giersch. Kelly’s children were staying with her in NYC for the summer and she was supposed to return them to Europe last week. She didn’t, so she was dragged into a Manhattan courtroom where Judge Ellen refused to hear anything she had to say and turned the children over to Daniel’s mother who took them back home to Monaco. Daniel’s lawyer said that the entire scene was calm and civil. Daniel’s lawyer claims that the children, Hermes and Helena, kissed their mom goodbye before joining their memaw.
But in a statement she released today, Kelly makes it sound like her kids were screaming and crying as police officers tasered them, handcuffed them and threw them into a paddy wagon. Kelly says that Judge Ellen basically arrested her kids and that the judge is the one who should be put into handcuffs for committing child abuse. Kelly says that it was the cruelest act against a child she’s ever seen. I guess Kelly doesn’t know that Pete Wentz named his kid Saint Lazslo, because that’s a real cruel act against an innocent child.
While writing her statement, Kelly brought the drama right out of the gate:
“What the judge did yesterday was shocking, illegal, and abusive to my children. Without any legal authority, a judge from the lowest ranking court in the state court system violated the highest ranking federal constitutional rights of my American citizen children.
Judge Ellen Gesmer effectively arrested my children, claiming she had authority under habeas corpus to take them into custody because of a foreign country’s court order,” she tells Us. “But the law is clear that a New York judge cannot enforce any order from a foreign country unless and until the foreign order is ‘registered’ in the United States. Not only was there no Monaco court order registered in New York, no government official from Monaco asked the New York judge to register an order, or take any action against me or my children.
Knowing she had no authority, Judge Gesmer seized my children and their U.S. passports, and forced them to leave the United States and reside in Monaco, a country where neither they nor I, nor even their father, has citizenship. The judge did not listen to one word I said and instead demanded that the children immediately be taken from my custody, and handed over to the lawyers for delivery to an airport. It was the most cruel act against a child I have ever witnessed in my entire life and the fact that it happened to American children at the hands of an American judge, in a United States courtroom is just inconceivable.”
Kelly went on to say that her children were never supposed to live in Monaco permanently. It was only supposed to be temporary while Daniel worked on getting his US Visa back, but he hasn’t tried to fix that situation. Kelly also slapped at him for not showing his face in court yesterday:
“This case is simple. My ex-husband and I, and the California court, agreed in 2012 that the children’s court-ordered stay abroad would be temporary, and that they would reside with their father briefly, solely to accommodate him while he undertook to resolve his U.S. work visa problems. He did nothing whatsoever to resolve his visa issues for three years, while my children and I waited patiently for some U.S. court to say ‘that’s enough time – the temporary period is over and the children must return to their own country either with their father or without him.
The children’s father didn’t care enough about his children to be here himself. Contrary to his many false claims, he, like all German citizens, can come to this country anytime on his German passport. But he didn’t bother.”
Kelly ended her statement just as dramatically as she started it. Kelly and Daniel will face off again on September 3rd in a court room in Monaco and she says that she will never stop fighting. Kelly also said that if Judge Ellen isn’t dead inside, she probably can’t close her eyelids at night.
“I will continue to fight for my children, and one day I will land in the courtroom of a decent judge. My children ask me all the time if I am still fighting for them, and I always tell them the day will never come when I say ‘no.’ As for Judge Gesmer, she has to live with herself, and if she has a conscience, I suspect she will not sleep well, ever again.”
Who knew that Laura Jeanne Poon also works as a statement writing coach? Because Kelly’s statement is an “I’M AN AMERICAN CITIZEN ON AMERICAN SOIL” away from being something that came out of the mouth of Laura Jeanne.