Judge Says Kelly Rutherford Attempted to Alienate Children From Dad

We may now know the reason behind the ruling in the child custody case that left Kelly Rutherford devastated.

The judge in the custody trial simply doesn’t trust the Gossip Girl actress, claiming she has repeatedly attempted to eliminate her ex-husband Daniel Giersch from their children’s lives, which is why the ruling was made towards his favor, according to TMZ.

This drastic decision, which was obtained by the website, the judge picked to turn Rutherford’s ex spouse into the “residential parent,” because “Daniel (who resides in Monaco) has facilitated the relationship of the children with Kelly. … And Kelly simply has not done so.”

One example of this Rutherford’s plan of attack: The judge states Rutherford failed time and time again to put Giersch’s name on their daughter’s birth certificate despite being asked by the court several times.

The judge writes, “Even while under the scrutiny of an extended trial, Kelly still has declined to demonstrate the level of commitment to facilitating the relationship that would be required of a residential parent in a relocation situation.”

Under the ruling, Rutherford will have the children – Hermes, 5, and Helena, 3 – half the time, but they will live and go to school in France.

Giersch’s cannot return to the United States since Rutherford stated on record that he was dealing drugs and weapons in South America, which lead to his visa being revoked.

So that means Rutherford will be flying back and forth across the pond in attempts of co-parenting both of their young kids.

In their new arrangement, Giersch has to purchase Rutherford six (coach) round trip plane tickets to France per school year, provide a home and a car while she’s in his native country.

If Giersch’s visa problem gets sorted out and he can get his visa approved, this custody arrangement could then be transferred to the U.S.

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Blake Lively stuns on the set of Gossip Girl in Manhattan, New York – Wenn/Splash pictures