Rutherford and her ex-husband, Daniel Giersch, have been embroiled in a complicated legal battle since 2009. “And now all of a sudden, that’s basically not being looked at”.
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Rutherford and Giersch married in 2006 and he filed for divorce in Los Angeles two years later.
While the Gossip Girl actress won temporary custody of her two children – Helena, 6, and Hermes, 8 – in May and has since moved them back with her to New York, she now must fight to be able to keep them in America. I’m going to cry.’. He violated the court order.
Instead, “I’m now having to prove that I live in a state that none of us were even living in when this (2012) order was made”, Rutherford, 46, said. (But) I’ve been forced to travel to a foreign country and spend less time in California, obviously.’. Lawyers for Giersch contend California has lost jurisdiction because Rutherford moved to New York, and a court in Monaco is also handling custody issues.
LOS ANGELES (AP) – A judge has heard arguments by attorneys for actress Kelly Rutherford and her ex-husband about whether their worldwide custody dispute should be handled by a Los Angeles court.
“None of us have moved anywhere from where we were living when the original order was made”, she said. “I haven’t stopped hugging and kissing them”.
Rutherford says she has spent more time in New York because that where she’s had more work and it’s easier and cheaper to fly from there to Monaco.
She told the court, “In the beginning, it was every three weeks”.
Rutherford also has accused her ex-husband of trying to have a Monaco court change the kids’ citizenship. She called the situation “bizarre”.
Rutherford’s attorneys maintain a person can have two legal residences and that Rutherford has business ties here, receives her medical care in California and visits her family and friends in the Southland.
At one point Juhas said he was concerned about Hallin’s line of questioning given that it focused so much on New York and not on California.
“I don’t think home ownership is really the issue”, Jude Mark Juhas said as he pointed out Friday that Rutherford doesn’t own her apartment in New York either. However last month a judge in Monaco, the principality that holds jurisdiction over the custody matter, ruled that Kelly can have the children over the summer.
Rutherford filed for bankruptcy in May 2013 and said Thursday she is still trying to recover financially.
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“We’ll hopefully know something soon”, she told reporters outside court as she left with boyfriend Tony Brand, a retail exec with Gucci in Manhattan. Thank God kids are resilient.
