“Gossip Girl” Star Kelly Rutherford’s Custody Saga Continues

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The popular misconception that celebrities receive more favorable treatment in the judicial system has been publicly challenged by “Gossip Girl” star Kelly Rutherford’s ongoing custody battle for her two children.

Rutherford’s International Custody Battle

Rutherford and her ex-husband, Daniel Giersch, have been fighting for custody of their children for over two years. The case has gained significant media attention due to the unusual situation where the children—both American citizens—were ordered to live abroad with their father in Monaco and France.

Initially, Rutherford and Giersch agreed to share custody. However, after Giersch’s visa was revoked in 2012, he was ordered to leave the U.S. and cannot return until his visa issues are resolved. The court ruled that the children should live with him abroad, citing concerns that Rutherford was not facilitating the children’s relationship with their father. As a result, Rutherford has traveled abroad more than 70 times just to see her children.

Recent Developments in the Case

Recently, when Rutherford traveled overseas to visit her children, Giersch allegedly refused to let her see them and demanded she surrender the children’s passports. Rutherford returned to the U.S. and appeared before a judge, who reportedly granted her temporary sole custody of the children. According to sources, the children are now back in the U.S. with Rutherford.

Jurisdictional Confusion

There is ongoing confusion over which court has jurisdiction over the case. During a recent teleconference, judges from California and Monaco debated whether to send Rutherford’s children back to Los Angeles. The California judge was uncertain if he had the authority to make rulings on the matter.

Rutherford’s attorneys argue that California clearly has jurisdiction and that the Monaco court’s involvement violates the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) and the Hague Convention, which governs international child custody disputes. They claim that Giersch should have brought his concerns to the California court rather than the Monaco court.

Ongoing Legal Battle

While the case is currently before a California judge, there is debate over whether a New York court might be more appropriate, as Rutherford spends most of the year living in New York. Rutherford and her legal team remain hopeful that the issue will soon be resolved.

Rutherford’s case highlights how complicated family law can become when international jurisdictions are involved.

Need Legal Assistance?

If you are preparing for or involved in a custody battle, you need an attorney who understands the law and will fight for your rights. The experienced family law lawyers at DiPietro Law Group have years of experience handling all types of custody cases in Northern Virginia and Washington, DC. Contact us to schedule a consultation today at (888) 530-4374.