Rutherford ‘breaks down in tears during hearing’
Kelly Rutherford provided deeply emotional testimony about her six-year child custody battle during a family court hearing on Thursday.
The 46-year-old Gossip Girl actress has been in a six-year battle with ex-husband Daniel Giersch over the custody of their two children, son Hermés, eight, and daughter Helena, six.
Kelly took the stand at a Los Angeles courthouse July 9 to testify on the matter and she broke down in tears while recalling how financial strain didn’t allow the star to visit her tots often.
“In the beginning, it was every three weeks,” Kelly said of how frequently she flew from the United States to Europe for visitation, according to the New York Daily News.
“Then it was when I could afford [tickets] or borrow money to go see them. I’m going to cry.”
Kelly sobbed for a moment after sharing this information.
When she got herself together, the actress noted she’s taken at least 70 trips to see her children in the past three years.
Her former spouse Daniel has been living in Monaco with their offspring since his visa was revoked in 2012. However last month a judge in Monaco, the principality that holds jurisdiction over the custody matter, ruled that Kelly can have the children over the summer.
Although the kids are currently with Kelly, she had to testify in court on Thursday to ask Los Angeles County Superior Court Judge Mark Juhas to rule she still has a “significant connection” to California, the state that has been overseeing custody proceedings from American soil.
Kelly has been living in New York City, thousands of miles away from Los Angeles, but family court law clearly stipulates litigants can only have one legal residence.
So her appearance in court this week is significant, because if the state of California decides to drop her case due to lack of jurisdiction, then she may have to start her legal custody battle all over again.
“If I want to see the children, it’s easier to be in New York. It takes six hours off each trip [overseas], and it costs a lot less money, which has been an issue,” Kelly testified. “I probably would have come back to L.A. to live and to work had my kids not been sent to a foreign country. My children are in the opposite direction from California.”
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