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Gossip Girl’s Kelly Rutherford Makes A Last Minute Legal Move To Keep Her Kids In America!

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kelly rutherford child custody battle

Can you even believe she’s still having to deal with this heartbreak?!

Gossip Girl actress Kelly Rutherford has been going through an international custody battle with her ex-husband Daniel Griesch, over their two kids.

When the couple split up in 2012, the California judge ruled that the kids would live with their father in France, even though he was being forced to leave the US because of issues with his visa.

Well, now the kids are visiting their mom in New York, and she’s filed an emergency motion for her kids to be able to stay with her because they were “illegally deported!”

In the petition, Kelly asks the Attorney General Eric Holder to give her “temporary emergency authority,” going on to say:

“Emergency relief is necessary because the children are currently physically located in New York, but they are required to return to France on August 19, 2014… The children are left with no option but to seek relief from this court because there is no alternative means by which they can obtain a legal remedy allowing them to remain in their own country’.
The lawsuit says the case is ‘highly unusual’ and raises the possibility of Rutherford breaking the law to ensure that her children stay in the US.
[The kids’] ‘only hope of obtaining relief from this court would be to have their mother retain them in the United States, in violation of California order… Such an option would deny the children a meaningful remedy and expose the mother and the children to unjust punishment.”

Yikes! She sounds desperate! But don’t worry, because Kelly’s attorney, Wendy Murphy explained:

“Kelly has no intention of violating the California judge's order. This is about Kelly's children and their civil rights. This legal action is the only way for the children to enforce their rights as U.S. citizens. No person, especially an American child, should be forced to leave the United States unless a federal authority makes that decision in a manner consistent with the Constitution. That did not happen with Kelly's children and we are simply asking a federal authority to make a decision consistent with the children's fundamental rights as Americans.”

And on the bright side, Kelly doesn’t want to keep her kids from seeing their dad, but asks that his visa be reconsidered, since that’s the whole reason they’re in this situation!

Our hearts go out to Kelly, because nothing is ever easy with international situations, and she’s spent all of her money fighting the ruling.

We’ll have to see what happens before August 19th!

[Image via WENN.]

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3 comments to “Gossip Girl’s Kelly Rutherford Makes A Last Minute Legal Move To Keep Her Kids In America!”

  1. Mianni says – reply to this


    1

    This judge does not pass the smell test. This guy is not in the US legally and has to leave so the kids leave their mother, and her extended family, and their country, to go with him ? How manipulative is this ex. husband and how could he put his kids through this ? He isn't even capable of sorting out a visa ? Is the judge on crack, a women hater, or getting money under the table in $franks ? Gloria Steinem should get on this one.

  2. mom of 8 says – reply to this


    2

    It was my understanding that Kelly had something to do with his Visa issues in the first instance, and the original Judge took that into account !!

  3. anne says – reply to this


    3

    Kelly…David Goldman got an attorney and fought for 5 years but got his son back. The mom took his son to her home country. Your husband isn't even from France? Who cares who turned him in on his visa issues, obviously he was doing something illegal for his visa to be revoked. My heart bleeds for you, but scream louder. Find someone who will take this case pro bono cuz something stinks really bad…