Cage & Miles Blog | Family Law

Update on Kelly Rutherford Custody Battle

Written by Cage & Miles | Dec 14, 2015 8:00:00 AM

Kelly Rutherford has reportedly lost custody of her kids — Hermes, 8, and Helena, 6. The ruling is the latest update in the actress’ ongoing 6-year custody battle with her ex-husband, Daniel Giersch, who continues to have full custody over custody of their children, Hermes, 9, and Helena, 6.

But the decision comes as no surprise, based on Rutherford’s actions back in August when she refused to return her children to Monaco – where Giersch, Hermes and Helena have resided since 2012 – after they spent the summer with her in the United States. At that time, a New York Supreme court Judge ordered the actress to return the kids immediately and said she did not “look kindly upon” Rutherford’s failure to comply with the orders regarding her children’s trip.

Now, she will only be able to visit her children in Monaco or France, based on the court’s finding there was “a strong risk of the children’s abduction and retention in the United States.” Her visits are to take place during half of her children’s Christmas, spring and summer vacations. She is further barred from bringing them to the United States. The court did grant, however, joint legal custody to the parents, allowing them both to make decisions about the children’s health, education and well-being.