Hallmark Star Kelly Rutherford's Tragic Custody Battle, Explained

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In December 2008, "Gossip Girl" actor Kelly Rutherford filed for divorce from her German businessman husband Daniel Giersch. Three months pregnant during the breakup, Rutherford couldn't have known that this would spark one of Hollywood's most dramatic custody battles. Rutherford sought joint custody of their unborn daughter, Helena, and their young son, Hermes. Giersch, on the other hand, pushed for sole legal and physical custody of both children. Rutherford feared that Giersch might take them out of the U.S. after he allegedly expressed interest in keeping the children abroad. According to Vanity Fair, she testified, "his mother made comments to me like 'Why don't you just go back to the U.S. and leave the child with us?'" — It was enough to escalate their divorce proceedings into a complex international custody dispute.

As the court proceedings raged on, their daughter Helena was born. Rutherford put Giersch's last name on the birth certificate but left the space for the father's name blank. Rutherford was trying to prevent Giersch from taking their daughter overseas — but, unbeknownst to her, the move would later backfire during the case. The court hearings, which stretched many years, saw multiple accusations between the ex-spouses: Rutherford argued that the children struggled with the constant back-and-forth between parents, while Giersch countered by accusing her of trying to alienate him from the children. Ultimately, the court ruled in favor of joint legal custody, with Giersch receiving more parenting time. It wouldn't stay this way for long, though.

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Kelly Rutherford's custody battle faced a major turning point in 2012, not long after the initial joint custody ruling. That year, one of Rutherford's lawyers made an unexpected move to challenge ex-husband Daniel Giersch's visa, arguing it was obtained through questionable means. Though the move was meant to bring the kids back to the U.S. full-time, it backfired horrendously when Giersch's visa was ultimately revoked. The court ordered Giersch's name be added to Helena's birth certificate and ruled the children were to live primarily with him in Monaco, since he could no longer enter the U.S. She had officially lost the custody battle.

Despite Rutherford's concerns about her children's safety (which were brought to the court's attention after her daughter Helena almost drowned in a swimming pool under Giersch's care), the court focused on which parent was more likely to encourage a healthy relationship between the children and the other parent. The judge criticized Rutherford for undermining Giersch's parental rights by not intervening in the visa. The court granted residential custody to Giersch, marking a tragic end to Rutherford's years-long battle to keep her children in the States. Today, they remain with Giersch in Monaco (where Rutherford also has a home). "They're teenagers now, and they've got their friends and their stuff," Rutherford told People. "So my day to day has recently been more about me and my dogs, working and traveling."