Kelly Rutherford must send her children back to ex-husband in Monaco in three days... after court rejected her custody case
Thursday is going to be a difficult day for Kelly Rutherford.
After spending the summer with the 46-year-old, Helena, six, and eight-year-old Hermes must return to Monaco where they permanently reside with their father, Daniel Giersch.
It's been a bittersweet few weeks for the actress, who got to spend almost every moment with her two children, but had to deal with the dual blows of American courts on both coasts abandoning her case.
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Ticking down: Kelly Rutherford, who took six-year-old Helena and eight-year-old Hermes to an Ovarian Cancer Research Fund event in New York last week, must send them back to her ex-husband on Thursday
She revealed last Monday that a New York court had ruled it has no jurisdiction over the matter, just days after California also washed its hands of the case.
Frustratingly for the Gossip Girls star, it was a Californian court which awarded both parents joint custody, but since the German businessman had since had his visa revoked, it ruled the children should stay with him in Europe; there they could at least be visited by their mother until Giersch resolved his visa issue.
However 70 trips back and forth across the Atlantic, coupled with the legal expense of a six-year custody battle, led to Rutherford filing for bankruptcy in 2013.
Custody fight: Rutherford's children spend summers with her in the US, but live full-time in Monaco with their father
On top of that, Giersch has made no move to renew his visa, and appears happy to keep the children with him in Monaco for the foreseeable future.
Ironically one of the reasons the Californian court decided it had no jurisdiction is because Kelly spends most of her time in New York... where she says she moved to make it easier to fly to Monaco.
'What Daniel I'm sure would argue is that it's in the best interest of the kids for them to continue to remain where they've lived for the last three years, where their friends are, where they go to school and where they have family and all of these things,' Kelly's former legal representative Robert Wallack told People Magazine.
'Kelly obviously disagrees, and she would argue that it's in the kids' best interest for them to be with their mother, which is what the California order originally intended, for them to live in New York because they're American citizens, for them to go to school here and be with their friends here and all of that.
Mother's battle: The actress has spent more than a million dollars on her custody fight, according to her 2013 bankruptcy filing
Wear your summer whites with Calypso St. Barth
We couldn't think of a more perfect pairing between dress and woman. Kelly was a bohemian vision in white while attending a daytime charity event in the Hampton's this weekend.
This hand embroidered Calypso caftan is stunning on the elegant and paired down mother.
She looks effortlessly chic, and sophisticated. The bell sleeved tunic features crochet pom poms and crystal beads on the plunging neckline silhouette.
The hem is flirty, and the fit is floaty. This ethereal number is perfect for those muggy, humid, temperature soaring days.
Wear it casually in the day with a pair of sandals, dress it up for evening with some wedges or heck- wear it as your bridal dress.
While expensive, this frock is versatile and will last you through the years but if you can't swing the $1200 then we've got you covered!
Browse our style edit below for more affordable picks, we're especially partial to the selection from Forever 21.
'So then you get into a fight over what's in the kids' best interests,' he continued. 'The question now is where is that fight going to be held, and it seems like it's going to be in Monaco, right now. I think it's tough because who knows what's going to happen there.'
'I think she's a great mother. I think she is entirely dedicated to her kids and to her children's happiness, and I think it's devastating for her to not have them living here with her and to visit with them and then have to say goodbye to them.'
Rutherford and Giersch married in 2007 but divorced two years later.
She has since described what her ex-husband has manged to do as 'legal kidnapping.
'Neither California or NYC are taking jurisdiction,' she previously told People. 'So who in the US has jurisdiction of my America-born, US citizen children?'
Happier times: Kelly, Daniel and baby Hermes in June 2007
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