Kelly Rutherford’s Bitter Custody Battle

The bitter custody battle continues for Gossip Girl star Kelly Rutherford and Daniel Giersch.

According to TMZ, a judge just ruled that her ex-husband can keep their two kids – son Hermés, 5 , and 3-year-old daughter Helena – in France, where he is living. And sources say she’s “devastated.”

Kelly – who was spotted with the kids in France last month – has been fighting to bring them back to the U.S. Her ex lives in France and is not permitted to return to the U.S. because his visa has been revoked.

The judge ruled Kelly has a flexible schedule and can easily travel to France to spend time with the kids. The court gave Kelly the right to have the children 50% of the time.

Reportedly, she plans to appeal the ruling.

Filed under: Featured,Kelly Rutherford


  • Anonymous9

    Halle Berry better be careful; turns out that nasty women who try to cut the father out of their kid’s lives don’t always get their way.

    • Anonymous

      This situation is the opposite… The husband moved to France after starting a family in the united states. I would be devestated if I were Kelly Rutherford. Horrible news for her.

      • Anonymous9

        She stated publicly that she was the one to inform the Immigration service that because his visa was based on his marriage to an American, that it should be revoked. It’s part of the official record in this case. She caused this mess, he can’t come here to see the kids, so she gets to go there instead. It still comes out to 50-50 custody, she just gets to travel instead of him.

        • Anonymous

          Are you suggesting she should have lied to the government for him then? She would have had to fake a marriage and kept living with him. It’s not her fault he didn’t have his immigration and visa in order.

          • Anonymous9

            I’m suggesting that she shouldn’t have gotten involved in his visa situation at all; it was his problem to sort out, not hers. She went out of her way to report him to the Immigration Service and she didn’t do it because she’s a good citizen, she did it because she wanted him gone and she wanted to limit his contact with his children. She’s made numerous public statements about this, and most of them make her look like a vindictive and horrible person. The judge is smarter than she is, and she’s pissed.

          • Anonymous

            And why were they divorced in the first place?? Maybe he’s a horrible person! Most divorced mothers dream of having a great ex that will keep a good relationship with his children.

            When a parent wants the other out of the picture there is usually a really good reason why. I hope she wins the appeal.

          • idiot

            SHE LIED to ICE to get his VISA revoked. she made up some story about violence and drugs and etc. SHE is FULL of crap. It’s unfortunate that this country just takes a woman’s word over a man’s no matter what when it comes to domestic issues. CONGRATS to the husband. I’m so glad in EUROPE they don’t have idiotic laws like they do in this POS country.

  • X

    So she’s being punished for his visa being revoked? The kids could easily live with her and she could take them to France to visit their father. I feel bad for her. I hope she wins the appeal.

    • My Name

      She’s the one who created this situation. She got his visa revoked. She has no one to blame but herself.

  • Anonymous

    This is really messed up. His Visa has been revoked so the kids have to live in France? WTF? What a moron judge.

  • Anon

    Ha. Always knew she sucked as a mom. There were rumors about it everywhere and now it’s finally confirmed that their DAD is the better parent.

    • Anthony

      You know she sucked as a Mom? First off, i happen to know Kelly and spend time with herself and the kids and she is the greatest mother a child could ever have the fortune of having. You don’t know the first thing about what is going on inside this battle, just crumbs of press they want you to kow. Get a life Anon, you are truly pathetic.

      • kathy

        she uses her kids for publicity. it’s obvious and disgusting.

  • Jenn

    Finally she gets a taste of her own medicine. She deserves it. I hope another judge does not overturn this ruling. Any mother like her who tries to keep kids from their father just because she doesn’t like him anymore is a witch. She got his visa revoked! Now she is crying about the consequences of that? Give me a break.

    • Anonymous

      Maybe it’s more than just not liking him any longer. Maybe he’s a horrible person.

      • My Name

        Maybe she’s a headcase.

      • idiot

        maybe she’s a vindictive psycho. OH WAIT, that’s most woman in America. lol.

  • Anonymous

    I’m always fascinated by how many people can pick sides and actually argue their case online when they don’t even KNOW these people!!!!

    You guys crack me up. She could be Mother Teresa or Mommie Dearest, you can’t possibly know. He could be Father of the Year or Freddie Krueger, again, you don’t know. How on earth do you just unabashedly berate and belittle people YOU DON’T KNOW??


  • My Name

    Per Press reports…

    The judge in Kelly Rutherford’s custody trial just doesn’t trust her — claiming she has repeatedly tried to cut her ex-husband out of their children’s lives … which is why the judge ruled in favor of daddy.

    In his decision, the judge chose to make Kelly’s ex Daniel Giersch the “residential parent” because “Daniel (who lives in France) has facilitated the relationship of the children with Kelly … and Kelly simply has not done so.”

    One glaring example — the judge says Kelly continually failed to put Daniel’s name on their daughter’s birth certificate … despite being asked several times by the court.

    The judge writes, “Even while under the scrutiny of an extended trial, Kelly still has declined to demonstrate the level of commitment to facilitating the relationship that would be required of a residential parent in a relocation situation.”

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