Kelly Rutherford’s custody battle with her ex-husband Daniel Giersch wages on, and the former Gossip Girl actress was just dealt another big blow. The actress was in court on Wednesday asking a judge to help her keep her son and daughter in the United States, but he said he didn’t have the power to do what she wanted. However, the judge may be able to help in another way.
TMZ shares that Kelly Rutherford’s custody battle has escalated in court as the actress currently has her kids in the States, but if nothing changes she needs to return them to Giersch on Aug. 19. She is arguing that another judge who ordered that they live with Giersch in France is essentially illegally deporting them. She has also threatened that she may violate the order and keep the kids here with her.
Rutherford says that when the judge ruled in a way that sent her two children out of the country it created an immigration issue, and that the situation then was beyond the scope of the power a state judge has. So now she’s gone to a federal judge asking that the state order be invalidated. Unfortunately for the Gossip Girl star, he judge says he doesn’t have the jurisdiction to do it.
However, the judge did say he would set up a conference call involving him, Giersch’s lawyer and Rutherford for Friday to hammer through things. The judge indicated he will work with them to figure out a way to get Giersch back into the U.S. to live, thus allowing a way to keep the kids in the States as well.
As the Daily Mail notes, Kelly Rutherford’s custody battle has been bitter for years. Kelly and Daniel Giersch split when she was pregnant with their second child, and the two children have been living primarily with their father since 2012. A key issue is that at this point, because Giersch allegedly lied to get a visa to the U.S. in the past, he cannot be given one now. However, many following the case point out that the allegations against Giersch with the visa issue originated with Rutherford during the early stages of the custody battle.
There have also been allegations that Rutherford went to great lengths to alienate her children from Giersch, something the judge did not take lightly. The battle has continued now for years with Hermes, 7, and Helena, 5, caught in the middle. Rutherford has filed for bankruptcy , a move she says was necessary given the costs of her custody battle. Many following the story are quite opinionated on who is in the wrong on this one. Rutherford does have a great deal of support, but many online write scathing criticisms toward her as well.
Will the judge now involved finally pave a way to some peace in Daniel Giersch and Kelly Rutherford’s custody battle? It would certainly seem like it may be the best option for the children, but many have a hunch this situation is far from settled.
[Image via Us Magazine]
