Wednesday, August 29, 2012

Kelly Rutherford Loses Custody Fight


A judge ruled yesterday that Gossip Girl actress Kelly Rutherford cannot force her ex-husband to bring their two kids from France to the US. Kelly's ex lost his visa to stay in the United States and has their kids in France. A judge said that the kids can stay there because Kelly has an enormously flexible schedule and can spend 50% of her time with them there if she chooses. For someone who does not have the flexibility, assets or time off this would be a horrible decision. I understand Kelly wants her kids to be with her in New York, but if she did her ex could never see them unless Kelly brought them to France to see him since her ex cannot travel to the US. Kelly can travel to France. There is a big difference. Of course the couple could always do what Seal and Heidi do and hire nannies and bodyguards to shuttle their kids all over the world to meet up with their parents. What do you do if you are the judge in this case? Kelly says it is inconvenient for her to go to France and she will never get to spend meaningful time with them.

59 comments:

Beth said...

What did the ex do that he can't even travel to the US anymore?

auntliddy said...

heartbreaking, and i think more to this than meets the eye.

Jennifer H. said...

Kelly needs to suck it up. Being inconvenienced, a lot, is a part of being a parent. It isn't easy!

libby said...

Maybe he over-stayed his visa, or worked without a Green Card? Those are the most common reasons.

mikey said...

How was he allowed to bring the kids to France in the first place? Why can't she just have them sent to the US via a chaperone/nanny?

Who know more about the story? Please tell.

OneGirlRevolution said...

Inconvienient? Bitch, they're your kids...suck up your "poor me" self and get over it.

ozzyinch said...

Maybe he had a spouse visa attached to her citizenship, and once the divorce is over...so was the visa. The only options are to get a visitors visa or get a job in the States. Or marry an American

Babylove said...

That would bite!! I was gone 5 days on vacation and was a blubbery mess when I saw my son.

Anonymous said...

How long does it take to get a green card? My bf keeps renewing his work visa instead of getting a card even though he pays taxes and has several assets here, and it's annoying the shit out of me.

pilly said...

I don't get this AT ALL. How can He get custody? French law?

Doc Girl said...

The father is just as important to the children as the mother. And since he is hampered by visa problems, it makes sense she has to do the traveling.

Inconvenient? Sure. She will have to work harder to maintain a close relationship with her kids. Sad for her? Of course I am. Any parent that has to be away from their children has a tough row to hoe. But the distance is not insurmountable, especially given her financial and work situation.

Paisley said...
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Amy in MI said...
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OneGirlRevolution said...
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rhinovodka said...
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Vita19a said...
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Char said...
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Different Guest said...
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Paisley said...
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Selock said...
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Different Guest said...

The other thing is the school schedule and her schedule don't mesh. And she has the ability to get a place in France and visit whenever she wants. If his schedule isn't that flexible, it may have nothing to do with getting a visa.

Bit dams said...

pre-nup. put child custody arrangements in the prenup. then everyone understands what will happen. the drama and trauma of a child custody battle is awful.

Shallow Gal said...

you marry a foreign man and have his babies and you have to know that things will be more complicated. You can't help who you fall in love with, but something to think about.

yodelay said...

Sorry, but this sounds fair to me. If its too inconveient to her to make time for her children out of the US, she could hire someone to handle their travel. If part of the judges ruling was influenced by her schedule an "ordinary" person might have a different ruling.

Also, karma's a bitch.

xoApril said...

Gossip Girl will be done in a year. Then she'll have all the free time in the world.

Different Guest said...

I read in comments at TMZ that she requested his visa be revoked because it was a short marriage. Also a pre-nup does not determine child custody. Courts have to go with what is in the best interests of the child.

rhinovodka said...

http://desperateexes.com/2012/07/16/kelly-rutherford-takes-out-the-euro-trash/

A different point of view on Mr. Giersch.

MISCH said...

Sorry why should he have the kids ? Something is very wrong..no Visa Why ?

Onyx Loathes Hydrangeas said...

I read that one recap on the father figure coming off slimey. I obviously am not going to pretend to know the inner workings in any relationship. But as far as what I saw in the press, Kelly was a cold hearted bitch throughout this entire ordeal. The lady didn't even tell the father his second daughter was born, he read it in the press. She got his visa revoked. Again I know I don't know the whole story but from what I do know, karma is a bitch and I think if she was the one who got the visa revoked I think this was especially fair. The one court recap of Daniel giersch came off very one sided I wish there was a more of an unbiased recap or else I might feel differently.

rhinovodka said...
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OneGirlRevolution said...

I have. Enty's voice HAS changed over time; as he found his voice, as why he wrote the blog changed, as people's response to the blog changed, as his view of different celebrities changed (for instance, there was, perhaps, a good reason his view of Britney changed). He has had the same progressive changes in voice as everyone else does as they age and grow.

Enty is the same person he always has been, with only a few, noted, absences.

WBotW said...

I know this is People mag, buuuut, interesting article from 2009: http://www.people.com/people/article/0,,20251941,00.html

Alicia said...

She tried to get his Visa revoked? She purposefully tried to send the father of her kids overseas while the children were young? Wow.. Karma IS a bitch. I can't stand my ex husband 99% of the time but for the sake of my son I wouldn't ever punish the father. Happy parents, a happy kiddo.

ozzyinch said...

Actually, he's not French - he is German. But he lives in France.

Why the fuck wouldn't he get custody? They are his kids. The father is not just for sperm donation and child support payments (I know...this is Hollywood).

Visa - it's not that easy to get a residents visa to the US, or citizenship. He had it through her. I think it takes (or used to take) 10 years of marriage and residency to get citizenship.

OneGirlRevolution said...

Char, he needs a visa to enter the U.S.; since he had a previous visa revoked, he is not able to obtain a new visa (at least at this time-- I am presumming based on the judge's ruling).

Alicia said...

I'm with you Lola.. I've been reading CDNA for about 7 years. I've commented under a few different names ( I change emails a lot and so does my handle apparently ) so many people wouldn't recognize my name from way back anyways.. Long story short.. I sent in a reader photo then added as a side note in my email what my screen name was and I got a quick reply from Enty basically stating of course he/she/it knew who I was and reminded me of he/she/it's favorite pic of me from years ago..
Just sayin'.. That was proof enough for me
Writers voices do change..
Even crappy ones ; )

Unknown said...

He looks a lot younger than her in that pic. Is there a significant age difference between them?

smash said...

She is cold hearted. A plane ride for her from NYC to France wouldn't cost more then $1,800. She seriously can't afford that?

I really think people should have atleast 5 years of cohabitation with another person before they decide to have a child.

AngusParvo said...

"Waaaaaaah, I have to fly to France." Shuttup. And what the heck did this guy do that he's never allowed back in the US? I mean besides impregnating a twit.

mikey said...

Here is another kneepads articles that says she is the reason he cannot come back in the US.

http://www.people.com/people/article/0,,20625222,00.html

I wonder if she made it up hoping to gain custody and never thinking it would backfire on her.

pilly said...

Is she the one who named her boy child Hermes?

mikey said...

Yes, she did.

yodelay said...

WOW, even kneepads says its her fault he can't come back to the US -be careful what you wish for!

Now if this would only happen to Halle...

Liz said...

There is way more to this story. Why was his Visa not renewed, especially since he has American children.

He can also visit the US WITHOUT a Visa.

If fathers are as important as mothers then they need to start acting like it. ALL of my friends with kids work AND do the majority or ALL of the cooking, cleaning and are in charge of the kids schedules, etc. When the kids need anything they go to mom not dad. THAT needs to change.

OneGirlRevolution said...

You lose your ability to travel to the US without a visa if you've had a visa revoked.

OneGirlRevolution said...
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Mama June said...

@Smash-yes about the 5 yr cohabitation before having a child! Great idea! It's so sad to see kids get dragged through BS, because the parents can't/won't act like adults.

auntliddy said...

The more i think about this, the more it smells. Since i think mothers do 98% of the heavy lifting i bringing up kids, im sorry, they belong with her. They arent a tiown away, they are a continent away. What will life be like for the kids? For 6 months, live in house with dad and of course nannies, in a groove, hv friends, hv a routine. Then what? Mother shows up for 6 months. Where dies she live? She isnt familiar with schools, their nannies, their friends. Shes a stranger to their routine. I think this stinks, for kids and parents. And just when she gets in their groove, time for her to go. This must just be tip of iceberg.

auntliddy said...

And as a mother, imagine not seeing ur kids for months at a time. Are they safe? Warm? Dry?? Sad? Did they eat today? I just cant wrap my head around this. If i were her, and this ruling cldnt be changed, i wld move to whereever the kids were. And i just dont think fathers, while uber necessary and pivotal, just arent wired the way mothers are.

SashaJames2 said...

He is German who is resident of Monaco, and since Monaco is in France the courts in France decided on the divorce as Monaco being a catholic principality does not do divorce.
I read from a source close to him that he is barred from the states becos Kelly said in court she believes he is involved in arms dealing and drug dealing in south America which is seen as terrorist activity. Apparently under terrorism law, an accusation alone is grounds for barring someone from entering the states.
So in her drive to cut him off from the kids permanently, she did herself in.

Bubbles said...

Monaco is in France? When did that happen? France is France and Monaco is Monaco. And she filed for divorce in the states so what would a European court have to do with making a decision? Was he awarded primary custody and if so by who? How can a French court award him custody if the divorce was filed in the states? Obviously I'm not a divorce attorney, so if someone has some expertise, I'd love to be enlightened.

And didn't she just have a baby not too long ago, so how could the courts think to take a non school aged child from its mother?

Different Guest said...

@auntliddy, HE was given primary custody, that should tell you something right there about her parenting skills. Even today, mothers generally don't lose custody (some willingly give it up) there is a lot more to this story than we are privy to. Seems to me she's playing the victim card when it may not be warranted.

Different Guest said...

From what I read the kids are now 3 and 5 and a U.S. court gave him custody.

SashaJames2 said...

Monaco is a principality in the south of France. Always has been. In Monaco some places hard to tell where Monaco ends and France begins.

auntliddy said...

Diff, u prob right about her skills as parent. But the issues with the kids i pointed out still remain. Godawful mess.

Different Guest said...

It is a god awful mess when parents can't behave like adults when they divorce (I know I used to work in this area of family law). It sounds like she tried to cut him out of his children's life and it backfired on her. However she does have the means to be a part of their lives in Europe but she won't take responsibility.

Bit dams said...

my kids spent 3 weeks with their dad this summer and i was a wreck and they were 20 minutes away. if i were kelly i would be aout to have a breakdown. if i had it to do over again, i would stay single & use a sperm bank. its too dangerous to leave custody to the courts when you get divorced.

poovey-tunt said...

Shallow Gal, I agree with you about being wary of having kids with people who are citizens of other countries. That's actually always been on my don't list. (I blame this on too many horror stories about lost custody battles, read in Reader's Digest when I was bored as a child and had nothing else to do.)

He seems creepy, she seems like a mess, God bless the kids, I hope they've got good nannies.

Bubbles said...

Monaco is an independent country with it's own foreign policy and constitution. It is bordered by France on three sides, and the Mediterranean on the fourth. It is not a part of France. They have their own passport.

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