Gossip Girl star Kelly Rutherford is pushing forward with her child custody fight. Rutherford’s ex-husband, Daniel Giersch, was recently accused of visa fraud and is banned from re-entering the United States. A Los Angeles family court judge ruled in favor of the father during a custody hearing earlier this week. Living with Giersch, a German businessman, means the children would be forced to relocate overseas. The couple divorced in 2010, according to E! Online.
The couple’s two children — Helena, 3, and Hermes, 5 — will be residing in their father’s new home in France unless the actress can secure a reversal to the order issued by Judge Teresa Beaudet. A representative for Kelly Rutherford told the New York Post the television star was “devastated” that her ex-husband was granted custody to accommodate the fact he cannot return to the United States.
The judge also ordered that the youngsters be enrolled in an English-language school which teaches American history. Hermes and Helena are already registered to attend school in New York City. Court custody filings by Rutherford’s attorneys indicate that the German businessman’s visa was revoked because he did not file US tax returns for any of his companies.
The legal documents further state that a disbarred attorney with some type of conviction on his record was used as a visa sponsor. A total of $5.5 million in real estate was allegedly sold without a dime being paid to the IRS in taxes. Fahi Takesh Hallin, Giersch’s attorney, told the New York Post that the IRS allegations are an immigration and are out of the prevue of family court.