Kelly Rutherford’s Case Demonstrates Why The USA Needs to Ratify the UN Convention on the Rights of the Child


Having two children who were born in the US, lives in the US most of their lives, and had only US passports, the children would have a right to have a US court at least hear their custody case and allow them to live with their mother.   However, not in the US — where the rights of children take a back seat to everything else, including money and power.

Kelly Rutherford’s children are caught between the US and Monaco.  The father, who lived in the US, has conveniently lost his visa to the US and has failed to reapply for it — “preventing” him from living in the USA.  As a result, a  California and Manhattan court have made the most illogical decision that the children should be ripped from the mother and be forced to live with their father in Monaco.

Living in Monaco is not for those without money, and the father, who is a businessman, clearly has bought (or otherwise exercised) undue influence on the US family court’s to make their illogical decision.   Those judges should be ashamed of themselves for putting a rich father’s laziness (to reapply for a visa) as a higher priority than the children’s rights to live in the USA and with their mother.

It is all part of the war on mothers by many of the US family courts.

In the latest chapter, Kelly Rutherford appeared in court this morning to defend her children’s right to not be sent back to Monaco last Friday.

At the start of the hearing, Rutherford’s lawyer told Judge Ellen Frances Gesmer that the children are “close by, maybe 10 minutes away,” to protect them from the “media circus” outside the courthouse. The children were brought in through a side entrance just before noon.

Yet, despite Rutherford’s attempt to protect her children from the press, Judge Gesmer said she did not “look kindly upon” Rutherford’s failure to comply with the order requiring the children’s presence. When Rutherford tried to address the judge directly, Gesmer, like many family court judges, shut her down.

Obviously featuring bad publicity for the Judge and the father, the Judge also had the press removed from the courtroom

Ultimately, Helena and Hermes were once more ordered to say goodbye to their mother in the courthouse and left with their grandmother en route to Monaco.

Rutherford, well known Gossip Girl actress, 46, and Giersch, 41, have been caught up in a bitter custody battle since she filed for divorce in 2008. A California judge ordered the children to live with their father in Monaco temporarily in 2012 because his visa had been revoked, and they spend summers with their mother in New York.

Rutheford has been fighting to move them back to the United States but hit two roadblocks this summer when both California and New York family courts ruled they no longer have jurisdiction over the case. Rutherford disobeyed a Monaco court order when she announced Friday that she was not flying Hermes and Helena back to Europe.

“No state in this country is currently protecting my children. It also means that no state in this country currently requires me to send the children away,” Rutherford said in a statement.

Its time for the US to join the rest of the world and ratify the UN Convention of the Rights of the Child.   Not surprising, but the US State Department apparently did nothing to support the rights of these American children.

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