Kelly Rutherford Loses Custody Battle
Kelly Rutherford divorced Daniel Giersch back in 2009; all these three years they have been waging a custody battle; it doesn’t seem to be stopping yet and gets bitterer with each passing year.
It all began with the actress’s attempts to prevent her ex taking Hermes with him when he was leaving the country, getting a restraining order filed against him, videotaping the businessman’s movements with the help of a private eye and, finally, keeping him in the dark about the birth of the daughter.
Rutherford, 43, keeps striving to get sole custody of their two children, 3-year-old Helena and 5-year-old Hermes, who are currently with their father in Monaco. Giersch is unable to return to the US since his visa is revoked.
The court ruling issued on Tuesday – as reported by TMZ – read that the schedule of the Gossip Girl star doesn’t prevent her going over to Monaco when she wants to see her children.
The actress’s spokesperson assured PEOPLE that Rutherford’s not going to take it gladly and she considers the ruling to be devastating. The fight for the custody won’t stop and she has already filed an appeal.
On the other side of the Atlantic, Giersch keeps to his usual policy of not commenting on the situation – “to protect the children and Kelly,” as he puts it. He is ready to go along with any Rutherford’s attempt to come into contact with the children. According to his lawyer Fahi Takesh Hallin, Girsch is set to be a good parent to the kids.
PEOPLE also learned about the German businessman’s problems with his USA visa via a source who spilled that the visa was revoked allegedly following his ex-wife’s accusations of his taking part in trading drugs and weapons in South America, and though the accusations weren’t true, they were enough for him to have his visa revoked. Now if Giersch wants his residence right reinstated he ought to come up with what is termed as “good faith efforts.”
While the controversy is going on, the children enjoyed themselves in the summer and are ready to begin their education in a famous international school.
According to a source, Hermes and Helena, who stayed with their father and grandparents in Monaco throughout the summer, had fun playing about with friends, snorkeling and lying around on the beach, and playing tennis under an unceasing care of their father.
The court further ruled to institute assessment procedures in two years’ time to decide what will suit the children’s best interests and whether Giersch can get his residence rights renewed.
