American actress Kelly Rutherford has been fighting for three years with her ex-husband Daniel Giersch, a German businessman, over custody of their two children: six-year-old Helena and eight-year-old Hermes. In 2012, Giersch was under federal investigation and he was not allowed to stay in the country. Rutherford sent the children to visit him that summer in Monaco and Giersch refused to return them.
Since that time, Rutherford has repeatedly fought in the courts, but because her initial accusations caused Giersch’s deportation, and they were not substantiated, she was refused primary custody. Instead, a judge in California awarded joint custody and told her that she would have to travel overseas to see them. Rutherford’s recent decision came after Giersch applied for full custody in Monaco and the U.S. courts told her that they couldn’t intervene because the children have had primary residence out of the country for too long. Rutherford has also learned that the initial California order was illegal.
Giersch’s attorney claims that Rutherford attempted to alienate the children from Giersch from the beginning and that they are now going to request that child abduction charges be brought against her. A hearing in Monaco is scheduled for September.