Q: I saw a picture of an actress who is suing for custody of her children. I think I may have seen her on a soap. Am I right? What is going on with the custody case? — Elton of Bethesda, Md.
A: You are referring to Kelly Rutherford. The actress got her TV start playing a minor character on "Loving." After that she starred in the NBC soap "Generations." Those daytime shows turned into prime-time soap roles on "Melrose Place" and "Gossip Girl."
Rutherford's real life can match any soap script for daunting drama.
While married to German businessman Daniel Giersch she gave birth to their first child, son Hermes. While three months pregnant with their second child, Rutherford filed for divorce. And a six-year-long custody suit began.
The court appearances were worthy of an Emmy-winning soap scribe. During the proceedings, Rutherford's lawyer called the State Department. Rutherford maintains she had never before met this lawyer and had nothing to do with the phone call. Giersch's American visa was revoked in April 2012, after Rutherford's lawyer informed the State Department about issues pertaining to Giersch's businesses. Whatever the State Department found led them to conclude that they had sufficient evidence to deport him. Giersch then became unable to enter the United States, and took up residences in France and Monaco.
Rutherford asked the court to grant her sole custody so that she could keep the children primarily in the United States following their visit to France, as the existing joint custody agreement required her to travel frequently to enable Giersch to spend time with the children. A California Superior Court judge ruled that the 50/50 custody arrangement should remain and that, because Giersch is unable to travel to the United States, the children should live in France with him and attend school there, with Rutherford traveling there to visit them.
Rutherford says they Skype on a regular basis but has only had in-person contact for 11 days in the past two years. Though Rutherford opposed the decision and requested a stay of proceedings while she appealed, her request was denied and it was ruled that, in two years, Giersch's eligibility to enter the United States would be reassessed.
In June 2013, Rutherford filed for bankruptcy, stating that she had debts of approximately $2 million, primarily due to the $1.5 million she spent on legal fees relating to the divorce and custody dispute with Giersch.
In May 2015, Rutherford was granted temporary sole custody of her children, following a ruling that both her son and daughter be brought back to the United States from Monaco, where they had been living with their father since 2012.
On July 23, 2015, a California judge ruled that California did not have jurisdiction over Rutherford's child custody case because she resides in New York, and her ex-husband was again awarded custody. Rutherford then filed a case in New York but on July 27, 2015, the New York court ruled it also did not have jurisdiction. Presently in Monaco, Rutherford is awaiting a mid-November court date. She is hoping for sole custody. One American family court lawyer says it is not likely. For one, she would not comply with a court order that she put Giersch's name on the birth certificate. Strike two: Earlier in the year she had her children for a five-week visit. When it came time to return the kids, Rutherford refused to turn them over until a court order was issued.
To find out more about Lynda Hirsch and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate web page at www.creators.com.
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