Providing Compassionate, Intelligent Counsel

Kelly Rutherford’s child custody battle may be coming to an end

by | Jun 4, 2015 | Child Custody, Firm News |

There may be nothing that causes more vehement arguments between parents than their children. It is natural for each parent to be equally worried that following divorce his or her relationship would remain as strong as ever, whatever the outcome. It is not always possible for the parents to remain on good terms with each other, and in situations like that, California residents may need to employ the legal process in order to apply for child custody or visitation.

Actress Kelly Rutherford has been locked in an emotional and legal battle over the custody of her two children for three years. The situation is further complicated by the fact that the children, who are American by birth, are currently living in Monaco with their father, Daniel Giersch. The father was awarded temporary custody because his visa was revoked and he can’t be in the U.S. It was during the mother’s most recent visit to see her children in Monaco that she was denied access to them, unless she surrendered the U.S passports of both children.

The mother is now reported to have returned to the U.S. Within days of her return, a second California judge ruled that the mother be temporarily granted legal and physical custody of the children, and that they should immediately be returned to the U.S. It is alleged that the father has made no attempt to apply for a new visa allowing him to re-enter the U.S, despite being ordered to do so by a judge. It now remains to be seen whether the Monaco legal system will enforce the court order from the mother’s California legal team.

International parental relocation matters are rare, interstate perhaps less so. Getting the advice and guidance appropriate to one’s own circumstances will greatly assist parents currently thinking of, or going through, divorce proceedings. Whether the father or the mother is awarded child custody, there are many options available that can allow both parents to maintain ongoing relationships with their children.

Source: New York Post, “Kelly Rutherford’s nightmare child-custody battle“, Andrea Peyser, May 29, 2015


FindLaw Network