‘Gossip Girl’ star’s lawyer rips ex’s claim of abduction
The Boston attorney for actress Kelly Rutherford blasted her ex-husband yesterday after Daniel Giersch’s lawyer accused the “Gossip Girl” star of child abduction because she refused to send her kids back to live with him in Monaco.
“It’s curious that the children’s father would make cruel threats and derogatory remarks rather than refusing to respond to the very simple statement we released last week explaining why the children are entitled to reside in their own country,” Rutherford’s lawyer Wendy Murphy told the Track.
“Mr. Giersch made an agreement with Kelly and the American courts in 2012 that the children would live abroad with him only temporarily while he resolved his U.S. work visa issues. He did nothing to address his visa problems, and three years is exceedingly not temporary.”
Instead, Murphy said, Giersch filed for sole custody of their two kids, son Hermes, 8, and daughter Helena, 6, in Monaco and even refused to allow Rutherford to see them when she flew there for a visit earlier this year.
A New York judge ordered the actress to appear in court with the kids today after Giersch’s lawyer filed a writ of habeas corpus in Manhattan Supreme Court, according to TMZ.com.
“Unfortunately Kelly has now added child abduction to extortion and false statements on her list of actions,” Giersch’s attorney Fahi Takesh Hallin said in a statement. “Daniel will make sure that the children’s safety and well-being will be restored as soon as possible.”
Rutherford went to court in both California and New York earlier this month attempting to get an order returning the kids to the U.S., but both courts claimed they had no jurisdiction in the matter. She then refused to return them to Monaco when her visitation period was up last week, saying the kids had a right to remain in America, as they are U.S. citizens with no dual citizenship, and no U.S. court has ruled otherwise.
“My first priority is to protect my children,” Rutherford said on “Good Morning America” yesterday. “Their safety is my priority. I’m a mother first, and from the beginning, I said I would fight for my children. I think most parents would.”
A California judge sent the kids to live with their father in Europe in 2012 — over the objections of Rutherford and an attorney for the kids — after Giersch claimed that his visa was revoked and he was unable to travel to the U.S.
Murphy claims that he is able to come here to visit the kids on his German passport and that he has made no effort to clear up any other visa problems.
“Kelly and the children have been very patient with Mr. Giersch,” she said. “He should do the right thing, honor his agreement and protect the children from the trauma of needless litigation.”
Do stay tuned ...