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International Custody in Relation to the Kelly Rutherford Custody Trial

Custody of childInternational custody has come to the forefront recently with the custody battle raging between United States actress Kelly Rutherford and her ex-husband, German businessman, Daniel Girsch, over the physical custody of their two minor children. When the parties separated in 2009, and subsequently divorced in 2010, they agreed to a 50/50 physical custody schedule. In May 2012, approximately two years after the parties divorced, the children travelled to France with their mother to visit their father. Upon their return to the United States, Ms. Rutherford requested sole custody of the children so they could remain permanently in the United States with her. A California judge denied her request, after a lengthy court trial, and ruled that the parties’ agreed upon 50/50 custody arrangement was in the best interest of the children and should continue. As father had recently had his visa revoked, amidst speculation that Ms. Rutherford may have had a hand in this, the court ruled the children should live with their father in France, subject to Ms. Rutherford’s periods of liberal physical custody. Obviously, this meant that Ms. Rutherford would have to travel extensively in order to see her children. Further, the court ordered the matter reviewed in two years, hoping father’s visa would be reinstated by that time. Continue Reading