Kelly Rutherford Custody Battle: Petition Started to Bring Kids Back to U.S.

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Kelly Rutherford is still fighting for her children.

Her friend has started a petition to help her.

Kelly Rutherford Pic

In August, a judge ruled that the Gossip Girl star's kids, Hermes, 5, and Helena, 3, would relocate to Monaco to live with her estranged ex, Daniel Giersch.

Now her good friend Caroline Fina has begun a petition online calling on California lawmakers to bring the actress' little ones home to the U.S.

"I want you to know that Kelly is not your average mother," Fina wrote.

"She is the mom who sews the Spider-Man mask back together when it rips, the mom who has lollipops in her purse at all times just in case she comes across a child crying, at school, at the airport, anywhere."

"She is the mom who will eat the crazy-looking birthday cake her kids made for her, just because it's made of love. Kelly is a caring and generous friend, and most importantly, a truly exceptional mother."

"To see her now, separated from Hermes and Helena, enduring the worst possible agony a mother can experience, pushes me to reach out for help."

Rutherford's bitter custody battle with Giersch began in 2009.

The judge made his ruling based on the idea that it was in the children's best interest to live abroad with Giersch in Monaco until his visa is restored.

"I'm all for 50/50 and the children having a mother and father and co-parenting, it's just that the way it's set up now, I'm a working mother," she said last year.

"I've been the sole supporter of my children for their entire life and I have a job. I'm going to do my best to be there obviously every chance I get."

"But I can't just be there on a regular basis when I have to work. I just can't pick up and go, you know, that easily. I will never stop fighting for my children."

It remains to be seen what, if anything, this petition can do, but hopefully all parties can come together and settle this amicably for the kids' sake.

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Poor Daniel Giersch. Or maybe not. We don't know who to feel sorry for in this mess.

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From what I can tell (given Rutherford is blitzing the news with her custody issues while her ex stays silent), the judge determined that Ruthford was attempting to cut her ex off from his kids. It's hard not to remember that this is the same woman who didn't even call the father of her children when she was in the hospital giving birth, despite prior agreement, and so he missed the first hours of his daughter's life. I get that people sometimes get a raw deal from the courts. But when you line up her prior behavior regarding her kids and her ex, then tack on the judge's ruling, it's hard to really see this being one of those outliers. Sometimes the guy is just the better, more secure parent.

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I get how hard it ias. I am a Canadian living in a south american country and son who recently turned three was recently given to his father by a family judge even though he has three pending charges for abuse. Three weeks ago my baby was pried from my arms screaming for me and now he is so abused and brainwashed he doesn't want to see me. I die every visit I have with him, which are only 3 times a week for two hours in the house of the man who abused us. He doesn't want to see his sister either. It kills me that i have been the sole provider for my child since his birth and now I can't even hold him. The family attacks my daughter and I and we have to leave my son screaming and crying. 3 days ago he was begging me to take him home and now he screams ' I don't want my mama.' I have to wait for justice to be served and in the mean time my baby is suffering. It is the hardest thing I have ever had to do. I cry all day. That is what the father wants. He even laughs. He is a teacher and works all day and the 90 year old great grandmother and 65 year old granmother watch my son. They are denying him his asthma medication. It is the worst nightmare. I feel for Kelly.

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@ stephanie

I'm really sorry to hear about your situation - I followed the Sean Goldman case and the way the South American courts handle custody is eye-opening. I think BringSeanHome has forums where parents in situations similar to yours exchange information and the numbers of good lawyers, if that would help.

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Kelly, Hang in there. I have been embroiled in the Family Courts for 6 years with an ex-husband who was convicted of domestic violence. After 6 years of support from court officials, the most recent botched psychological evaluation reported I had alienated the children from their father. It is so preposterous and cliche on the East Coast to accuse a woman of this that my attorney has filed motions to have both the GAL and the evaluator disqualified for unprofessional conduct and conflicts of interest. In other words, they were in cahoots. See www.lizlibrary.com This travesty happens more frequently that anyone can ever imagine. This is domestic violence by proxy - litigation abuse. Having been a high school and middle school teacher for 20 years, your children will return to you and your relationship will be stronger than ever. They will hate their father for taking them away from their mother. In the beginning of my divorce, I would never have believed it. But the children are so much smarter than the ignorant by-standers give them credit for. 75% of high -conflict cases have documented domestic violence. Keep telling your story. Good for you, if you did report him. Clearly he is a heartless, selfish man who cares nothing about the children, only himself.

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Most contested custody cases are really domestic abuse cases in which abusers have been allowed to use the courts to regain control over their victims. When court professionals approach cases based on high conflict models instead of domestic abuse, the result is that they pressure victims to cooperate with their abusers instead of pressuring the abusers to stop their abuse. The best solution when determining the best interests of the children is to require that safety be the first priority. This is a strong argument because how can anyone argue against it. Safety, however not only means that the child won't be beaten or neglected, but that the child won't be placed in circumstances that increase their risks. Equally important is the role of the primary attachment parent. Primary attachment concerns which parent provided most of the child care in the first two years of the child's life. That parent is ALWAYS the primary attachment figure even if the custodial arrangements are later changed. Children separated from their primary attachment figure are more likely to suffer low self-esteem, depression and suicide when older. That is a safety issue. So much of what court professionals focus on are not safety issues. We must stand together against injustice, demand family court reform, and protect America’s innocent children.

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tell the WHOLE TRUTH KELLY. YOU reported him to INS for being an internatinal drug dealer and money laundered and THAT is why hsi visa was revoked. You were ordered to add his name to Helena/Hermes's birth certificate which you STILL HAVE NOT DONE. You HAVENT been H/H's sole supporter as Daniel gives child support. Just admit that you are impulsive. Remember your 6mo marriage in 2000? You had no concern for Daniel's business affairs when he was wining and dining you. You are just like halle berry. You should have just used a sperm donor.

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This petition is foolish, habitual residency is defined under federal law which is based on an international treaty the US signed (aka the Hague Convention). Id expect someone with her connections to have better lawyers and legal counsel.