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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

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16.

Heather    

I wish the USA would take note. Family courts here are a complete JOKE. So many children are used as pawns in bitter ex wives games to get back at their ex husbands it's disgusting. I'm glad some family courts on the planet actually take what's best for the children seriously.

763 days ago
17.

Straight Talkin Texan    

She's the kind of woman who makes other women look bad.

763 days ago
18.

Peter Sc    

Their education will be messed up as France has no education system of proper standard.

The department of education in Denmark gives no credit to exchange students who have been in France for a year due to the poor standard down there.

The only good thing is that they have an 18 year alcohol limit in France so the children will be able to socialize better once they are young adults.

763 days ago
19.

ShrinkWrap    

My dad was a horrible father. When I say horrible, I mean it. My mother NEVER trash talked my dad when I was a child. She let me make my own decisions about his character and did not rob me of having him in my life. When I got older, I saw his true colors and cut him out. Shame on Kelly for trying to rob her children like that.

763 days ago
20.

stef    

Hey Halle Berry, perhaps you should take a lesson from this!

763 days ago
21.

Nobrows    

If her allegations were deemed credible enough for the State Department to revoke his Visa, how does the judge justify placing small children in his care? Bad situation for everyone.

763 days ago
22.

obama'saracist    

lol good I wish this would happen more often so many mean broads out there.stupid slts who dont know about marriage or birth control like snooki

763 days ago
23.

Kate    

I don't feel sorry for her. She's under the watch of the court. I'd do whatever I'm supposed to do in order to retain my children. And if she has a serious issue as to why her kids shouldn't be around her ex, then she goes and gets/finds valid proof. I read that she's responsible for his VISA being pulled. If that's true, then she really is an idiot, in my opinion.

763 days ago
24.

l. Hulet    

Wow thank god there is actually a judge out there who recognized parental alienation and put a stop to it. If only all judges could be this fair !

763 days ago
25.

erkg    

Karma really bites, doesn't it?

763 days ago
26.

John    

Women really need to stop thinking because they have a vagina the courts will just give them the kids... Its not like that anymore and most of the time they do stupid crap to make it real easy...

Like not fixing the birth certificate..

763 days ago
27.

Jen    

He lives in Monaco, not France. But anyway. And he could say the same back - giving custody of French (I think he's German but whatever) children to a non-French citizen who does not live in France wouldn't make sense either, and they have the nationality of each of their parents no matter where they were born.

763 days ago
28.

kakes    

Good for the judge...This woman is selfish and just out to make his life miserable. karma's a bitch isn't it Kelly

763 days ago
29.

ManiacalZebra    

He's not being rewarded. You're being punished for ignoring court orders. Deal with it.

763 days ago
30.

Jim    

Clearly unbalanced and unstable! Left her first husband months after they were married and he was fighting a serious illness. Since then I have NEVER liked or respected her. She is bitter and mean spirited! Karma's a b*tch Kelly - deal with it!!

763 days ago
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