For the past year, I have been closely following Kelly Rutherford's custody battle. I was initially left thinking that there must be more to the story. This case is of interest to me because of my role as a high-conflict divorce coach and advocate for parents who are trapped in the nightmare of the Family Court System. I have personally attended court with Kelly and her California Family-Law attorney, Chelsea Storey, because it's one of those situations that you have to see for yourself to believe. I walked out of the courtroom in March of 2014 and had a strong desire to begin shouting from the rooftops.
Every American citizen should be outraged by the decisions handed down by Los Angeles County Judge Theresa Beaudet which literally ripped two American children from their mother's arms and sent them to live in a foreign country. This case was promptly labeled by ABC’s legal analysis, Dan Abrams as "the worst custody decision ever made."
The Rutherford-Giersch case was back in the headlines today when a media outlet painted Kelly to be a vigilante who was ready to violate court orders by retaining physical custody of her children. I reached out to Kelly's New York attorney, the highly respected, Robert Wallack of The Wallack Firm for a statement.
"There is no new child custody dispute between Kelly and Daniel, and Kelly has no intention of violating the California judge's order. This is about Kelly's children and their civil rights. This legal action is the only way for the children to enforce their rights as U.S. citizens. No person, especially an American child, should be forced to leave the United States unless a federal authority makes that decision in a manner consistent with the Constitution. That did not happen with Kelly's children and we are simply asking a federal authority to make a decision consistent with the children's fundamental rights as Americans." - Robert Wallack, attorney for Kelly Rutherford
The publicity surrounding this case and the outrage caused by Judge Beaudet's decision has brought together a legal Dream Team to protect the Constitutional Rights of Hermes and Helena Giersch. While the team members are diverse, they share one passion: to reunite Kelly Rutherford with her children on American soil. Kelly's legal team is led by Wendy Murphy, a trial and appellate attorney who dedicates herself to the representation of crime victims, women and children. Wendy is the Director of the Women's and Children's Advocacy Project, Center for Law and Social Responsibility New England Law | Boston. Wendy Murphy has authored this landmark lawsuit which may very well be the piece that brings Kelly's young children home where they belong.
Under the direction of Wendy Murphy, Kelly Rutherford's Legal Dream Team includes:
- Wendy Murphy, Director of the Women's and Children's Advocacy Project
- Robert Wallack of The Wallack Firm
- Chelsea Storey, Law Office of Chelsea Storey
- Alan Dershowitz, American Lawyer, Jurist, Author, and Political Commentator
- Michael Wildes of Wildes & Weinberg
- Tina Swithin, Author and Family Court Advocate
In this latest legal twist to a case that keeps me on the edge of my seat, I am sending positive thoughts to Kelly Rutherford because as a mother, I can not imagine the pain she has endured. True to Kelly's nature, she remains positive despite the storms raging around her. Please help us to keep this issue in the spotlight by sharing this article. As a country, it is critical that we support this mother and her children's fundamental rights to live in the country where they were born and raised.