Kelly Rutherford begs Barack Obama and White House to help her win custody back from ex Daniel Giersch

Poor Kelly Rutherford.  According to recent news reports, the American born actress has resorted to filing a petition with Whitehouse.gov to try to get federal intervention in her custody case against ex husband Daniel Giersch. You may or may not recall that Kelly lost custody of her little ones a few years back when a California judge gave custody to the father on the basis that he was “banned” from entering or remaining in the United States. So Kelly claims that her American born children were “deported” to France to live with their father. Notably, Kelly was given visitation rights.
There are several nuanced levels to the story but the short of it is that the children have been in the father’s custody for years (and they appear to be healthy and well cared for) and he is raising them in Monaco, the super rich principality adjacent to France.
Kelly has tried a lot of tactics to get her kids back and this  one involving the White House is the latest and most desperate. It is an attempt also to play the dirtiest of international politics and put US president Barack Obama on the spot – the subtext being that if you are even half a president you will get me my children back, Mr President!
This is not fair to the president. One can sympathize to a point with Rutherford but only to a point. She keeps referring to the kids as “my children.” This is wrong-headed. The children should be referred to as “our children” because they are equally hers as they are their father’s, Mr Giersch. And it does not appear that he has been a bad father. That said, Kelly should understand – and presumably her counsels have advised her – that this case really cannot be intercepted by the federal courts because there was no kidnapping here. The children were adjudged to the father’s custody and he was given permission to take them to Europe. Now, think about it: if the American government was impotent to intervene in the Elian Gonzalez custody battle where a child was literally being sent to a “communist” country, what can they do in this situation when the children were given  permission by an American judge to live in Europe with their father? What can the American government do? Go to war with France over this? I mean, seriously, what does Kelly want Barack Obama to do?!
The children were not “deported” as she contends. They were left to their father’s custody and he lives in a foreign country so he took them with him. This is a very different matter from deportation or kidnapping!
It is disheartening for Kelly but it is too late. She has lost this fight. If the ex husband does something inappropriate such as endanger the lives of the children, she can then seek to have a modification of the custody order. The California court in all likelihood retained jurisdiction in this case. Although, at this point, the courts of Monaco or France probably have concurrent jurisdiction and it is unclear if the American courts really would hear a modification petition. If she is moving to re-argue the case, still, the judge could hear the arguments, decide in her favor, but  using “best interest of the child” arguments, decide to leave the children where they are because in order  to change custody now, the children’s lives will have to be massively disrupted and no judge is going to do that. Especially not when the kids are in a place like France or Monaco. This is hardly “third world” if you know what I mean, and even then the economic conditions in the country are not dispositive for custody. Again, case in point, the Elian Gonzalez case.
Poor Kelly. She is a mom and we understand how she must be feeling.  There is nothing like a mother’s instinct and this is not to take anything away from fathers’ rights. But in this case, her goose is cooked. Obama can’t do a thing (and let’s not forget that Obama himself is a father!).
Even under the best of circumstances all Ms Rutherford gets is a re-argument and even if the judge finds that the children had been deported and that the constitutional rights were violated, still, they will not restore custody to her unless Giersch does something to harm the children. So she could win in theory but still lose.
Poor girl.