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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
31.

Cecilia     

TV shows don't film year round - she has, what 3-4 months out of the year off?
Plus she probably makes more an episode than most make in a year.
And her ex has to pay for her trips.

I don't know..to me, I would think 90% of non-custodial parents iwould love to be in her shoes.

If she feels he is an unfit parent, she should have presented evidence of that to the court.

781 days ago
32.

Amy J.L. Baker    

I don't know the details of this particular case but I am glad that the judge takes seriously the problem of one parent undermining the children's relationship with the other parent. Based on my research on adults who had this experience as children, I have found that alienation is very damaging to children's long-term social emotional development. I hope that these two parents can find a way to work together to spare their children the pain of parental alienation.

Amy J.L. Baker, Ph.D
www.amyjlbaker.com

781 days ago
33.

Demi    

Ignorance is the ruin of the world. His VISA was REVOKED, his is not a criminal or a wanted man in USA, whatba stupid imbecile manipulative beatch this Kelly. And I use to think you were pretty. Ugly ****

781 days ago
34.

FlyHigh    

Despite their feuding parents, Hermes and Helena, who are living with Giersch in Monaco, have spent their summer like any other children and will attend a prestigious international school in the fall, and have a normal stable life! That guy just want to protect the children and is focusing on co-parenting the children, and continuing to promote any and all contact of the children with they mother. he also has decided to continue not to comment on anything regarding his private life. unlike his ex-wife who is just being selfish in every aspect of her life and is responsible for all this mess - hiring a private detective to spy on him in order to proof that her ex is not a good dad, which ended up with no negativ things from the detective, making false accusations which cost er ex his visa and wanting a restrain order to cut off the dad coming closer to her and kids. WHAT KIND OF MOTHER IS SHE? WHAT WILL TELL YOUR KIDS LATER ABOUT ALL THE MESS YOU DID JUST BECAUSE YOU WAS BEING SELF-CENTERED!? indeed karma

781 days ago
35.

kitnplayn    

Go Kelly. Any guy who would keep young children from their mother is a real piece of chit, no matter what his problems or complaints are against the Mother. Clearly, this judge made the decision based on a vendetta against Kelly's contempt. That was not a judicial decision that was based on "the best interests of the children", and the judge pretty much admitted that in the wording.

781 days ago
36.

James Christianson    

http://www.HowIgotCustody.org

This stuff happens all the time. It's the norm. The best thing for dads to do is fight the way I did when I won WITHOUT an attorney.

780 days ago
37.

James Christianson    

http://www.HowIgotCustody.org

This stuff happens all the time. It's the norm. The best thing for dads to do is fight the way I did when I won WITHOUT an attorney.

780 days ago
38.

guest    

I have no sympathy for her. The reason he can't get a work visa is because she alleged he was involved in arms trading with terrorist ties. She admitted later it was a lie, but the allegation alone is sufficient to prohibit re-entry. So she got him removed and restricted from the US. She can deal with the fact she has to go see her kids.

779 days ago
39.

mike jeffries    

The isssue in this article isn't immigration status, it's parental alienation. Thankfully there is a judge who can tell the difference between the two and makes the children's needs to have normal, healthy relationships with both parents the priority.

Parental alienation is a destructive family dynamic affecting countless children, parents and extended family members every year. Most of these people aren't celebrities -- but they all deserve judges who understands how to identify and address these heartbreaking cases.

For more information about parental alienation you can visit http://www.afamilysheartbreak.com.

777 days ago
40.

DLB    

I wish Halle Berry's daughter's dad could get this judge. Halle said he was the "best father in the world" until she wanted to sleep with someone else and has been such a bitch since. Kelly's ex has not bad mouthed her once but she is nuts.

777 days ago
41.

Joni    

The US should be taken more custody away from mothers that interfere in a fathers relationship with the child. If the mother can't foster a relationship with child and father then she does not deserve to have residential custody. I know alot of dads who go through this garbage all the time. And that is just what it is. It is child abuse by the mother to her own child. And any parent be it mom or dad that does this should go to jail. No, I am not a man writting this post. I just see it happen all the time. Father's have no rights in the US. What is the President or Romney doing about this? Child abuse, it is mental child abuse.

777 days ago
42.

Marshall    

The judge was definitely paid off--perhaps they need to check her bank account. Something is not right here--those kids are American citizens. That's his fault if he got is Visa revoked--Lord knows what he was doing. Kelly and the kids should not have to pay for that. The guy also cheated on her and was involved in some shady business dealings.

Get a clue judge!

767 days ago
43.

SUNSHINE    

For years Family Court has been Mommy Court and now the pendulum is swinging back. She worked overtime to get the U.S. to revoke his visa and didn't inform him of the birth of their second child. She well deserves this result and is lucky to have 50/50 exhibiting such behavior. She is no victim and the judge won't be amused that she is abusing the public forum to whine about this ruling when it was necessitated by her lack of cooperation. Too many women are doing this and a female judge put a stop to it here! Kudos!

763 days ago
44.

mg    

Until a dude can pop a baby from his peehole, and lactate milk from his boobs, he needs to stop trying to be a mama or stop trying to take place of a mama, and go in his corner! Ugh! Sick of these narcissist pigs

731 days ago
45.

Ruthless    

Omg! What is this judge thinking? These are American citizens and they are being forced out of our country.

68 days ago
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