As Kelly Rutherford’s international custody battle continues, she has now been accused of kidnapping after refusing to return the children to Monaco. According to reports, the actress was to return the children to her ex-husband Daniel Giersch on Aug. 7. This order came after both the California and New York courts refused jurisdiction in the case, a move that Rutherford claimed meant that the United States was not requiring her to return the children since there was no court claiming jurisdiction.
The refusal lasted only a few days, however, with a court appearance in New York on Aug. 11. Rutherford was told to bring the children to the hearing, but they were not with her at first. The children arrived later on, with Rutherford claiming that she had not brought them as directed because of the media presence outside the courtroom. Once presented, the children left for Monaco with their paternal grandmother.
The Monaco courts have awarded Giersch full custody with Rutherford maintaining visitation rights, but Rutherford’s attorney claims this was not the intention of the U.S. court order that originally allowed Giersch to take the children to Monaco. According to her, the order was meant as a temporary solution after Giersch’s visa was revoked so that he would have some time to apply for another.
The next hearing date for the case is scheduled for Sept. 3, and reports indicate the couple will both appear before the Monaco courts to work out the remaining custody issues. While fighting a custody battle in the Texas courts is nerve-wracking enough, an international custody battle brings things to a different level. A family law attorney can be an invaluable asset during this difficult time.
Source: ABC News, “Kelly Rutherford ‘Trying to Process’ NY Court’s Decision to Return Her Children to Monaco,” Katie Kindelin, Aug. 14, 2015