TOTALLY GEEKED!

Rutherford was the kids’ primary caretaker before Gierson was denied re-entry to the United States "based on fraud in obtaining his visa" in 2012.

A California family court judge granted him custody because he could not travel to the U.S. as a visitor to see them.

The children were “denied procedural Due Process because they were ordered to live in a foreign country without a meaningful hearing given that they lacked standing to seek enforcement of their federal rights in the California proceeding,” attorneys for Rutherford argue in court papers.



The 'Gossip Girl' star is in a custody dispute with her ex-husband and is trying to keep her children from being sent to live with him in France. The 'Gossip Girl' star is in a custody dispute with her ex-husband and is trying to keep her children from being sent to live with him in France.Rutherford wants Helena (seen in June) and Hermes (not pictured) to remain in the U.S. on constitutional grounds. Rutherford says she 'went bankrupt' trying to keep her children in the U.S. Rutherford was married to Daniel Giersch from 2006 to 2008.

They argue Giersch has made no attempt to try to restore his immigration status in the U.S. for the purposes of resolving the dispute.

Carter, apparently taking an interest in seeing the parties resolve the matter, suggested lawyers for Rutherford meet with the government and they are expected to phone conference Friday.

Michael J. Wildes, who is on Rutherford's team along with Harvard Law School professor and famed lawyer Alan Dershowitz, described a hellish ordeal for Rutherford - who says she has gone broke fighting for her kids.

“Kelly goes to France, picks up her children, bring them here, enjoys them for a few weeks, brings them back to France and then comes back here,” Wildes said. “That's an inordinate responsibility and she's an extraordinary mother.”

Rutherford's team is expected to appeal.


Read more: www.nydailynews.com/entertainment/gossip/kelly-rutherford-losing-fight-kids-deported-france-article-1.1903135

How can they force American children to go live somewhere else?? That sounds wrong.. unless they were born in France, but still, if they were here with their mother, why send them away?

California is effed up, no doubt--but this is a possible consequence of divorce. You are leaving your fate in the hands of the courts and they don't always rule the way you want them to, or even the "right" way.

The right thing here would have been to grant her full custody and give him visitation in France where she could take them, with him paying the airfare. Now, he has full custody and she has to pay airfare to get them from France for a few weeks at a time.

Hi husker!

chef wrote:

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If the kids were born here, wouldn't they be US citizens and therefore have their home here constitutionally protected?

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 That is her lawyer's argument. 

huskerbb wrote:

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Lawyerlady wrote:

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Oh - and I can't think of anything worse than my kids growing up in France. He's from Germany, how would that be foreseen?

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You may not be able to foresee this exact scenario--but when you divorce, you leave it up to someone else to make these kinds of decisions--and they don't always come out like you want them to.   

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 I likely would not foresee that my non-citizen husband who was deported for fraud would be given custody of the kids.  That's the most f'ed up thing I've ever heard. 

From experience, you have to file where the defendant lives. So she would have to go to France and start motion there.

Lawyerlady wrote:

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huskerbb wrote:

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Lawyerlady wrote:

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Oh - and I can't think of anything worse than my kids growing up in France. He's from Germany, how would that be foreseen?

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You may not be able to foresee this exact scenario--but when you divorce, you leave it up to someone else to make these kinds of decisions--and they don't always come out like you want them to.   

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 I likely would not foresee that my non-citizen husband who was deported for fraud would be given custody of the kids.  That's the most f'ed up thing I've ever heard. 

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Again, it's not about being able to "foresee" any particular scenario.  It's about the fact that NO MATTER WHAT the situation--you are leaving it up to someone else to make major decisions in your life and the lives of your children, and they may not make the decisions that you want or that are even the best for anyone involved.