Kelly Rutherford Wins Sole Custody Of Her Children Temporarily, Kids Must Return To United States — See Judge’s Ruling

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Kelly Rutherford Wins Sole Custody

By Shari Weiss |

Kelly Rutherford Wins Sole Custody

(Getty Images)

Kelly Rutherford has won temporary sole custody of her children after a years-long custody battle with her ex-husband, Daniel Giersch.

On Friday, California judge Mark Juhas filed a court order demanding son Hermes, 8, and daughter Helena, 5, return to the United States from Monaco to be reunited with their mother. (Helena will turn 6 next month.) The motion grants Rutherford temporary sole physical and legal custody of the kids. Rutherford will be allowed to hold on to their passports as further legal proceedings play out to determine permanent custody.

In the ruling, the judge notes that Giersch repeatedly did not fulfill custodial obligations that would have allowed the kids to return to the United States for visitation, as had been previously ordered. Judge Juhas also recognizes that Giersch prevented Rutherford from seeing the children on at least two occasions, though they were intended to have joint custody, and says that America “remains each child’s habitual residence,” according to the Hague Convention on the Civil Aspects of International Child Abduction.

Rutherford and Giersch split when she was still pregnant with Helena, and they have had an acrimonious relationship ever since. As Gossip Cop has reported, in 2012, a different California judge ruled that the children had to live with their father overseas with Rutherford getting visitation rights, because Giersch’s U.S. passport had been revoked. While he never filed for a new one, the actress sought legal help to reverse the decision that essentially deported two U.S. citizens. Rutherford faced a number of setbacks throughout the process, and was forced to declare bankruptcy after spending all her earnings on legal fees.

In an attempt to call more attention to her plight, a White House petition was recently launched in hopes of getting government intervention in the case. After Kim Kardashian and more stars shared the petition on social media earlier this month, it surpassed the required 100,000 signatures necessary to ensure it would be reviewed by the White House. With the new, unrelated turn of events, Kardashian was one of the first to send congratulations on Twitter. “Wow!!!!! Congrats @KellyRutherford You deserve ever bit of this joy!!!! Xoxo,” she tweeted after the news broke on Sunday.

Rutherford herself has yet to comment. The full court order can be read below. The next hearing is set for June 15. Gossip Cop will have updates.


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