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Los Angeles Office
233 Wilshire Blvd, Suite 400
Santa Monica, CA 90401
enensteinlaw.com
(310) 899-2070
________________________________________
DAVID J. GLASS
Chair, Family Law Department
Certified Family Law Specialist1
PhD in Clinical Psychology
[email protected]
PRESS RELEASE
May 25, 2015, 12:00 noon
A California Judge late on Friday, May 22, 2015 signed an Order requiring Kelly Rutherford's children to be
returned to the United States. Sole legal and physical custody of the parties’ two minor children was
granted to Ms. Rutherford on a temporary basis. In so ruling, the Court emphatically held that the
children are citizens and residents only of the United States, and that Monaco has no jurisdiction over the
children's lives. The judge also ruled that the California Order requiring the children to move to France in
2012 was meant to be temporary, and that it was improper for the children's father to establish residency
for the children in Monaco.
Friday's order was issued one day after Ms. Rutherford arrived in Monaco for a weeklong visit with her
children. When she arrived at the children’s school, as previously agreed-to by the parties, to pick up the
children, the children were not present. The children's father, Daniel Giersch told Ms. Rutherford she
could not see the children unless she gave one of his representatives the children's U.S. passports. The
California Court’s order confirms that the passports are to remain in Ms. Rutherford’s possession, pending
further Order of Court.
Friday's Order also comes one day after papers were filed in a New York federal court on behalf of the
children informing the court that the children's father may have submitted forged documents to a
California judge in 2012, claiming he was unable to return to the United States. That claim was cited by
the California court as the only reason the children were required to leave the United States and reside in
France and Monaco.
David J. Glass, Ms. Rutherford’s attorney, stated: “We are pleased that the Los Angeles Superior Court
acted swiftly on Friday, May 22nd to confirm its continuing jurisdiction over the custody matter and the
parties’ two children, and to enter Orders to assist Kelly in returning the children to the United States
pending further action by the Court.”
Mr. Giersch has received notice of the Court’s Orders, but has thus far not been located so as to be
personally served with same. The location of the children is unknown. Mr. Glass added: “We remain
hopeful to receive some response from Mr. Giersch or his representatives soon so we can work out
arrangements for Kelly to be able to bring the children home to the United States as soon as possible. We
are optimistic that Mr. Giersch, after reviewing the Orders, will cooperate fully.”
A representative of Ms. Rutherford added: “Ms Rutherford is grateful for the decision rendered by the
California court and is looking forward to being reunited with her children. We are now focusing all of our
energies on obtaining the return of the children from Mr. Giersch.”
1
State Bar of California, Board of Legal Specialization
Las Vegas  Los Angeles  Orange County, CA  New York

Philadelphia
 Ventura County, CA  Washington DC
RUTHERFORD PRESS RELEASE
May 25, 2015, 12 noon
Page 2
David J. Glass is a uniquely qualified family law and probate litigator. He is one of a few, select attorneys
who is dually-trained in Law and Clinical Psychology (PhD), and who concentrates on child custody
litigation, conservatorships & guardianships. A former therapist, Dr. Glass offers his clients an “inside
look” at and understanding of the procedures employed by court-appointed mental health and
psychological professionals. He has practiced law for over 18 years, and serves as the Chair of the Firm’s
Family Law Department.
Enenstein Ribakoff LaViña & Pham is a result-oriented law firm that implements a creative approach to
attain its clients’ objectives. Thinking outside the box brings results to otherwise difficult or hopeless
situations. Whether at trial or in the boardroom, the Firm employs a multidisciplinary approach to
complex situations to provide an effective resolution. The Firm provides legal counsel in Civil Litigation,
Family Law & Probate, and Real Estate and Transactional matters.