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Relationship Partner with BPD (Straight and LGBT+) => Romantic Relationship | Conflicted About Continuing, Divorcing/Custody, Co-parenting => Topic started by: Slate78 on August 11, 2015, 01:20:39 PM



Title: Kelly Rutherford in the news
Post by: Slate78 on August 11, 2015, 01:20:39 PM
www.people.com/article/kelly-rutherford-court-appearance-post-keeping-children

I've been following this case because her behaviour reminds me a lot of my stepkids' UBPD Mom. Feeling really sad for the kids that are in the middle of this. I know there are two sides and Dad has some responsibility but Kelly really seems to have screwed this up so badly.

Original custody decision here

www.harris-ginsberg.com/wp-content/uploads/2015/05/Statement-of-Decision.pdf

From pg 21 it's pretty illuminating as to her behaviour and what got them here. If she really wants to make the best of this she should move to Monaco and come back to the US for the short bursts of work that she seems to do. I don't think anything else is going to work out for her right now.


Title: Re: Kelly Rutherford in the news
Post by: ForeverDad on August 14, 2015, 12:07:18 PM
Notice this sentence on page 21 of the PDF: "... .it bears repetition that Kelly has the opportunity for equal parenting time under the [Father's] France Plan, whereas Daniel does not under the [Mother's] Current New York Plan... .The Court is convinced that the France Plan is the only plan that will be able to keep both children's ties strong with both parents."

Court granted Father's relocation request of the children to France and Monaco (his visa and extension was revoked after Mother's attorney called the State Dept).  Clearly the court believed that the Father's plan would be helpful to both parents since the Father's plan made sure Father couldn't be sidelined.  From page 9, "However, where "hurdles to meaningful contact" in an international move-away situation "cut both ways" as they do here, the "tiebreaker" on that issue has to turn on which parent is more likely to provide the other frequent and continuing contact with the child."  From page 11, "the court has concluded that it is not, in fact, in the best interest of the minors to adopt a one-year plan or an alternating year plan... .Additionally, if there is anything that these parties and the children need from this Court, it is final resolution."

From page 13, "In other words, the minimum amount of time Kelly will enjoy with the children under the France Plan is the same as the maximum amount of time that Daniel would have with the children under the Current New York Plan. ... .For these reasons, the France Plan offers far more likelihood and potential than the Current New York Plan for "frequent and continuing contact with both parents." "

Also, on page 20 the court also discounted any scenarios where the children would be split between parents, daughter liking Mother's parenting style and son doing better with Father.  This is in line with our members' observations that it is best not to split the children between parents, despite the theatrical Parent Trap movies.

This reminds me of my custody evaluator's initial report, "Mother cannot share 'her' child but Father can... .Mother should immediately lose temporary custody... ."