Kelly Rutherford Wins Temporary Sole Custody of Her Children

By on May 24, 2015


Kelly Rutherford got the break she’s been looking for Friday night when a California court granted her sole custody of her children. Her ex-husband, Daniel Giersch’s visa was revoked in 2012, and after an acrimonious custody battle, Giersch was granted physical custody. He has resided with 8-year-old Hermes and 6-year-old Helena since, with Rutherford battling to raise the children in America.

Rutherford has fought the battle publicly getting help from the world of celebrity. Kim Kardashian, Kris Jenner and Melanie Griffith were among some of the stars Tweeting out a petition asking the Obama administration to intervene. After making statements that anyone who brought the kids back to America would be considered an American hero, Giersch refused to allow visitation unless Rutherford surrendered the children’s U.S. passports to a third party. That seemed to be the break Rutherford needed. It is the second time, according to Rutherford legal papers, that Giersch has preventing Rutherford access to her children.

The Honorable Mark Juhas expressed concerned that Giersch is attempting to circumvent the standing custody order and issued a ruling stating that “California has sole and exclusive and continuing jurisdiction over the issue of each of the minor child’s custody.” In the ruling, the court also stated, “The United States of America remains each child’s habitual residence for the purpose of the Hague Convention on the Civil Aspects of International Child Abduction. (Hague Abduction Convention).

While Giersch has been raising the children in Monaco with the permission of the court, the children were considered American citizens with the U.S. remaining their habitual residence despite the custody arrangement. Rutherford’s attorneys charge that Giersch has requested that Monaco take jurisdiction in the custody arrangement violating the order. The California court ruling states that Giersch was “obligated to forthwith obtain “mirror orders” in France and Monaco recognizing and adopting all of the findings and terms,” adding that he, “has not met that obligation.”

The ruling is temporary and it is unclear if Monaco will honor it or if Giersch will make any last ditch effort to block Rutherford from taking the kids back to America.

The warring exes have leveled charges at one another with Giersch’s side claiming Rutherford is responsible for his revoked visa. Rutherford’s side denies that and claims that Giersch has not made any attempt to obtain a new visa. This latest ruling gives Rutherford temporary sole custody though even if Monaco abides by the U.S. order, it is only temporary.

The sparring parents will have to be back in court on June 15, in Los Angeles. With Giersch unable to come to the U.S., it is likely he will have a legal representative there for him. That is if the kids are returned to their mother in the United States.

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