Kelly Rutherford Custody Battle: Star Custody Fight Linked To Ex-husband Immigration Status

August 14, 2014 | By TheSpreadit More

kelly rutherford

Kelly Rutherford custody battle is still grabbing headlines after four years of intense court drama. The “Gossip Girl” actress launched a last ditch effort this week to keep her two children with her in America.

The Kelly Rutherford custody battle is juicier than a crossover between “Gossip Girl,” “Melrose Place” and “Generations.” It all started in 2006 when the actress married her second husband, a German businessman named Daniel Giersch.

Four months after the wedding, the TV star welcomed her son Hermés Gustaf Daniel Giersch. Two years later, the relationship deteriorated, while the Scream 3 actress was pregnant with the couple’s second child, she filed for divorce.

Rutherford gave birth to her daughter Helena Grace Rutherford Girsch in June 2009, but a custody battle had started between the parents months before she was even born. From August 2009 to April 2010, the estranged couple managed to reach an agreement for a joint custody. However, the peace did not last for very long. In May, the actress asked and obtained a restraining order against her ex husband.

The war between the former couple did not end there. According to rumors, Rutherford’s lawyers managed to get Giersch’s visa revoked in 2012 on suspicion that he was involved in shady business practices. This move had an unintended consequence.

Since Giersch was barred from entering the country and moved back to Europe, a California Superior Court judge ordered that the 50/50 custody agreement remains in place, therefore the children had to go live with their father in France and Monaco. Based on this decision, they could still come to the US and spend summers with their mother. Rutherford was also allowed to visit them whenever she wanted to.

After the lengthy court battle, according to NewsOxy, Rutherford filed for bankruptcy in 2013. Fast forward to August 2014, the children spent some of the summer with their mother in the US, they now have to go back to Europe next week. Something that their mom does not want to see happen.

Earlier this week, Rutherford asked a Manhattan federal judge to keep them in the country, Judge Andrew Carter Jr denied the actress’ emergency petition. The judge did offer the two parties a chance for a compromise when he set a conference call for Friday.

The only viable option at this point would be for the father to be allowed to come back and live in the US. The chances are slim but Rutherford is ready to give it her all.

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