Thursday, September 13, 2012

Judge takes joint custody seriously

A Hollywood TV actress got mad at her German husband, refused to put his name on their second kid's birth certificate, filed for divorce, and schemed to get him deported so that she would not have to share joint custody with him. So now the LA family court judge ruled for joint custody anyway. ABC News reports:
Enter Judge Theresa Beaudet of California Superior Court, Los Angeles County who, as it turns out, presided over a similar type of case before. Judge Beaudet was left to determine with which parent the children should reside. Custody would be “joint,” but that’s somewhat moot when one parent lives across the Atlantic.

In all custody cases, the court must look to what is in the “best interest” of the children, a squishy standard that dictates that the children’s welfare must come first. There was no suggestion that Giersch was a better parent, just an exiled one. The two choices before the court: New York, where the kids had lived for much of their lives, made friends and had doctors, or the small town of Mougins, France, where Giersch’s mother apparently has a home.

Put aside the fact that neither of the parents are French citizens, both of these children were born and raised in the United States. Amazingly, the legal question was whether the children of a loving American mother should be forced to live in a country where neither parent has citizenship because their father had done something that made him illegible to remain in the United States. Not surprisingly, an independent lawyer retained to represent the children’s interests sided with Rutherford, arguing that the best interest of the children would be served by remaining in New York.

However, Judge Beaudet disagreed and ordered the move: “The best interests of the children will be served because the relocation plan for France is the only plan that offers the possibility of nearly equal parenting time while Giersch can not return to the U.S.”


Anonymous said...

looks like the boy toy got the better of her.

Anonymous said...

Judge Theresa Beaudet ruling is ridiculous and NOT in the best interest of the USA born children! Sometime 50/50 is NOT in the best interest of the children and in Kelly's case this is the case. It is sad this terrible judge ruled what is "easiest" instead of the best interest of the children. The fact is these children only know their life in the USA, the mom is the SOLE provider, the MOM is the main caregiver, the MOM is the one the children have the stroner bond with and the MOM was still fostering a relationship with the potential criminal who lost his visa even though she fear he would abduct the kids...she still tried to do the right thing. The larger issue at hand is the SAD LEGAL system with trying to split everything evenly... that is NOT the best for kids, yes it may work with some families but a stable life if best and I would beg to say 99% of the time the MOM should have physical custody unless the mom would have drug or abuse issues. Kids need stability, kids need routine and younger kids especially need a mother... I know people hate hearing the truth but the truth is Mothers and father parent differently AND mother who carry, give birth to the children will always have a stronger bond over the father- its just fact. Now, are there great dads out there..yes there is and do some get a bad rap,I am sure that has happened but over parents need to do the right things by the kids and sacrifice time with the kids like having split weeks or whatnot so the kids have stability. Kelly's ex choose to cheat on her and be a dushbag so she asked for a divorce, the dad was not involved much during the birth of the little girl, was not on the little girls birth certificate and he has not made a serious effort to get his visa back- this guy has no plans on coming back to the US and he has no plans of returning the kids. If the federal courts do nmot intervene for these children's sake then this world is a sad place when US children are give to a NON-USA citizen... Judge Theresa Beaudet should be disbarred!

The tender law should be reinstated, non married couples should have different laws in regards to custody and in general mom should have physical and the father gets visitation.

Kelly, I will pray for you and keep fighting!!!!

The Single Mom from Minnesota

George said...

I cannot agree with you. Kids are nearly always worse off when the mom tries to cut the dad out of the child's life. Every serious study shows that.

Anonymous said...

She wasn't withholding them from their dad. Before the hearing, she sent them to France to visit their dad for two months.
I don't know why she may have had him deported but it wasn't so she didn't have to let him see their kids.