Kelly Rutherford can now breathe a sigh of relief. A judge in California granted the "Gossip Girl" actress temporary sole custody of her children, Herman, 8, and Helena, 5. The court ordered that the kids should be immediately returned to their mother in the United States from Monaco.
It has been a grueling custody battle between Rutherford, 46, against her ex-husband, Daniel Giersch, 41 - one that had Rutherford even pleading for help from President Barack Obama, as reported by People Magazine. However, it looks like the actress is getting a reprieve after fighting for custody with Giersch for three years.
Back in 2012, Giersch took the children with him in his home country after his US visa was revoked following reports of his illegal activities as a businessman. The ex-couple's initial agreement was to have shared custody of the children. Since her ex-husband was no longer able to enter the US, a different judge ruled that the kids should live with their father while Rutherford was allowed to see and visit them in Monaco.
It hasn't been easy for the actress, however, and Rutherford worked to appeal the decision, resulting in her filing for bankruptcy, according to News.Com.Au. On a recent trip to France, Giersch allegedly wanted Rutherford to give up her US passport to a "neutral person," according to a report from Hollywood Life. By this time, however, the court in California already intervened.
"We are ecstatic, and hopeful that Monaco will respect the California court's ruling and send the children home. It has long been our position that Monaco has no jurisdiction because Hermes and Helena, as American citizens, have an absolute right to live in their own country," said Wendy Murphy, the lawyer for Rutherford, in another People Magazine report.
"Monaco officials know that sending the children back to America is the right thing to do. I'm looking forward to the happy reunion of the children not only with their mother, but also with their country," the lawyer added.
In a document acquired by Daily Mail, the California judge said that Giersch may be "attempting to modify the custody agreements established by the California courts." Another hearing is set for June 15 in California, where a represented of Rutherford's ex-husband is required to appear before the judge.
Rutherford and Giersch divorced back in 2009 while she was pregnant with Helena. She has maintained that she knows nothing about her husband's illegal business.
