Actress Kelly Rutherford’s custody battle against ex-husband Daniel Giersch over their children Hermes and Helena has taken another turn. Rutherford has been battling Giersch over the kids for six years now, and she had hoped that she would soon be able to bring her children home. However, things have not gone her way in court and she has just spoken with ABC News about the battle.
Rutherford says, “I know it’s not right. Parents, everyone knows, it’s not right.”
The tearful interview with ABC News comes as the actress continues to battle in court to have Hermes and Helena returned to the United States. They have been living with Giersch in France after a 2012 California court order that the children should live with their German father abroad. Though at various times in the past Kelly had thought she was close to an amicable resolution in the custody matters, that hasn’t played out to be the case.
Though there had been no allegations against Rutherford as a parent that would support her loss of custody, Kelly and Daniel were ordered to share custody with the children living with Giersch in Europe. He has been unable to come into or live in the U.S. for some time, so the responsibility has been on Rutherford to travel to see them. The costs of the legal battle led to a 2013 bankruptcy filing by the actress.
Kelly Rutherford says that she tells her son that she is continuing to fight for them, and she says she frequently cries over the situation. The actress, known for her roles on Gossip Girl and Melrose Place, has argued in court that her childrens’ constitutional rights are being violated with the rulings that they stay in France.
While many are outraged by what has transpired in Kelly Rutherford’s custody case, not everybody stands behind her. The commentary online tied to Rutherford’s pleas and interviews often note the allegations tied to Giersch’s visa revocation, which lies at the center of the rulings that the children live with him. As People noted early on in the custody battle, sources have claimed that Daniel’s visa was revoked because Kelly lied on the record about some of his activities.
Sources said that “Kelly stated on the record that Daniel was dealing drugs and weapons in South America.”
The accusations, which then legally could be construed as linking him to terrorism, were reportedly enough to revoke Gerisch’s visa, though sources say that Rutherford’s claims were untrue. There have also been accusations against Rutherford related to parental alienation and even talk of possible kidnapping charges when she hinted that she wouldn’t return the children to Giersch after a 2014 visit, as Radar Online noted.
While Kelly Rutherford’s custody battle wages on via various arguments from her legal team in court, so far she hasn’t made any significant progress in bringing Hermes and Helena back to the States. Will she find a way to regain custody from her ex-husband Daniel Giersch, or will the courts continue to rule against her?