Actress Plans To Appeal Decision In International Custody Battle
Now that Kelly Rutherford has been forced to return her children to her ex-husband Daniel Giersch, the actress’ lawyer is telling the media that there are numerous appeals pending in the case. What started with the couple’s separation in 2008 has led to a drawn-out custody battle that is still ongoing.
The events over the past few months have led to renewed interested in the international custody battle, with Rutherford being granted temporary sole custody of the children after alleging that Giersch refused to let her see the kids on a visitation attempt. Giersch has been living in Monaco with the children since his visa expired, and Rutherford was traveling to the country to see the children.
The case continued over the summer, with two states denying jurisdiction of the case, meaning Monaco will now be deciding the custody arrangement. After she was forced to return the children to their father, Rutherford did attempt to take the case to the federal level but was rejected. Now her lawyer says that the actress is appealing, stating that the temporary agreement that led to the children residing in Monaco in the first place also included that the custody case would not be heard in “any foreign court.”
Jurisdiction is a very important matter in international custody cases, and a lawyer can help you navigate this complicated issue. It’s important to thoroughly understand which courts will be handling your case now, which may handle the case in the future and what actions on either parties’ part may result in a change in jurisdiction later on.
Source: Cambridge Times, “Kelly Rutherford has several appeals pending,” Aug. 21, 2015