Mississippi Child Custody Dispute Lawyer Discusses the Latest Developments in Kelly Rutherford’s Custody Battle

The bitter custody battle between Gossip Girl actress Kelly Rutherford and her ex-husband Daniel Giersch has taken yet another turn. The couple first filed for divorce six years ago, and both parents were to share custody of their children. That may be changing, as a judge in New York has recently ordered the couple’s children to be returned to Giersch, who lives in Monaco, following an emergency motion that he had filed alleging that he did not know where the children were. Rutherford claims that Giersch did in fact know that the children were with her in New York, and that he had been in contact with them throughout their time with her.

The international nature of this case has created a great deal of difficulty for the parties. Rutherford is an American citizen, as are the couple’s children, who are currently six and eight years old. There are questions regarding whether Giersch, who lives in Monaco, is permitted to be in the United States. His United States Visa has been revoked, but Rutherford claims that Giersch is a German citizen who has a German passport which he could use to visit the United States. It appears, however, that Giersch is not allowed in the United States, and so in order for the children to have frequent contact with both parents, the New York court has said that they must go to Monaco.

The couple’s children have been through a few different custody arrangements over the past six years. As noted earlier, when the couple first filed for divorce, custody was to be shared. When Giersch’s United States Visa was revoked, a California judge ruled that the children should leave the United States to live with their father on a temporary basis. The children remained United States citizens and habitual residents at that point in time. Rutherford asserts that according to the California court order, no other country was to declare the couple’s children citizens or habitual residents, and that Giersch was supposed to work out the issues with his Visa in order to regain the ability to enter the United States. The issues with Giersch’s United States Visa have not yet been resolved, and he resides in France and Monaco. He has filed paperwork in Monaco seeking custody of his children.

In addition to international issues, there are jurisdictional issues that make this case very complicated. California courts now claim that they do not have jurisdiction over the case, even though they have issues rulings in the case in the past. Monaco has asserted jurisdiction. Rutherford lives in New York, and the more recent events in this case have taken place in New York and in the New York courts.

Whether or not jurisdictional and international issues are part of your Mississippi child custody case, Mississippi Child Custody Dispute Attorney Matthew S. Poole is here to help you. Please call our office today, at (601) 573-7429, to set up a free consultation.

 

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Mississippi Child Custody Dispute Lawyer Discusses the Latest Developments in Kelly Rutherford’s Custody Battle
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Mississippi Child Custody Dispute Lawyer discusses Kelly Rutherford custody battle.

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