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Kelly Rutherford

Tried to Alienate Kids

From Dad ... Says Judge

8/30/2012 12:05 PM PDT BY TMZ STAFF
EXCLUSIVE

0830-kelly-rutherford-tmz-Daniel-Giersch-getty
The judge in Kelly Rutherford's custody trial just doesn't trust her -- claiming she has repeatedly tried to cut her ex-husband out of their children's lives ... which is why the judge ruled in favor of daddy.

In his decision, obtained by TMZ, the judge chose to make Kelly's ex Daniel Giersch the "residential parent" because "Daniel (who lives in France) has facilitated the relationship of the children with Kelly ... and Kelly simply has not done so."

One glaring example -- the judge says Kelly continually failed to put Daniel's name on their daughter's birth certificate ... despite being asked several times by the court.

The judge writes, "Even while under the scrutiny of an extended trial, Kelly still has declined to demonstrate the level of commitment to facilitating the relationship that would be required of a residential parent in a relocation situation."

As we reported, Kelly gets the kids (aged 5 and 3) 50% of the time under the new arrangement, but the children will live and go to school in France because Daniel can't return to the U.S. due to a revoked visa. Bottom line, Kelly will be spending a lot of time on a plane.

As for the details of the new custody plan -- Daniel has to buy Kelly six round-trip airline tickets to France per school year (coach class) ... and put her up in a house with a car while she's in the country.

A rep for Kelly tells TMZ, "Rewarding someone who has been banished from this country and is prohibited from stepping foot in this country with custody of American citizen children makes no earthly sense to anyone with a basic understanding of the law."

It's worth noting, the custody arrangement could eventually shift back to the U.S. if Daniel fixes his visa issues. Kelly plans to appeal the ruling tomorrow.

72 COMMENTS

No Avatar
1.

STFUP    

Reap what you sow, b***h!

732 days ago
2.

Phreaky    

Come on TMZ, you're slacking - where is the latest LIndsay stuff? CNN is saying she is being accused of stealing three items that belonged to Elizabeth Taylor - which we all know she will say Elizabeth gave them to her, or it was a "misunderstanding" like ALWAYS - but still. She stole them from the set of a movie, so don't think she can get away with saying ET gave them to her.

732 days ago
3.

Carl    

Rule #1 for any legal battle: Don't piss off the judge.

732 days ago
4.

Barbara    

I saw her doing this right after she dumped him...have repeatedly commented on her trying to wipe him out of the picture. Glad a judge is finally in agreement. Karma does get you in the end Kelly.

732 days ago
5.

littlesuzyfrog    

I remember she went to court to because she thought he was potty training their son to early. I don't remember who won, but I'm sure that may have been a role in the custody battle. Clearly she is unbalanced.

732 days ago
6.

DaveT    

Not really surprised, she gets 50% but still wants to get a new ruling so that the dad can't see the kids, pretty revealing of her motives.
Judge seems to be doing the right thing in putting the welfare of the kids first.
But...this part of it.....
..."Daniel has to buy Kelly six round-trip airline tickets to France per school year (coach class) ... and put her up in a house with a car while she's in the country."......?
Have to wonder why he has to pay her way, if the judgement is based on Kelly's inappropriate behavior.

732 days ago
7.

Clytemnestra    

She's getting what she deserves. She didn't follow the courts (judge's) directives, and now she's going to have fly coach (HaHa) six times a year to see her kids.
Stupid woman!

732 days ago
8.

iae311    

I read that his Visa issues are a result of Kelly's claims in court that he was dealing drugs and guns in South America.

Guess she wishes she'd kept her mouth shut now, because she's indirectly responsible for the courts ruling!

Too bad, so sad, Kelly.

732 days ago
9.

Majestik    

She tried that Halle Berry Handbook for child rearing and alienation. Nice try lady. I just about choked on my coffee reading the one post that she went to court because he was potty training to early, SERIOUSLY? Vindictive much? How about putting your children first and your infighting with your ex on a back burner.

732 days ago
10.

TheGame    

I recall somebody talking about "how can they take the baby from the mom." Well now you know. Any other b!tches out there pulling the same stunt. Beware the gig is up. DADDY POWER!

732 days ago
11.

messygirl    

Good for the judge for finally ruling sensibly and not automatically giving the mom custody. If Kelly can't do what the judge asks her to do, that's just asking for trouble. Kelly asked for it.

732 days ago
12.

Abe    

I'm on the judge's side. Kelly seems like a very irresponsible parent. The child will better off with the father.

732 days ago
13.

rolun    

I dont know why quite a lot of women now feel they own the kids. I know they do this because a lot of the times, the courts are in their favor and the men always loose out but they forget, its the "Father" of the child. you have NO right to deprive a child from their "father". you'll pay for it in the future. Then they say stuff like, "im a single Mother, ', he aint around". Yahh, thats because thats what you wanted. dont blame the guys if youre the one making things hard.

732 days ago
14.

Nancy    

I read quite a few times in the past that she has bad mouthed him to the children. Big mistake. Glad she lost full custody.

732 days ago
15.

jackmama311    

it's called karma, kelly.

732 days ago
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