Actress Kelly Rutherford is refuting claims that she kidnapped her children by initially refusing to return them back to their father, Daniel Giersch. According to media reports, Rutherford allowed the children to be in contact with their father on a daily basis and says that she was not given the opportunity to explain her actions in court.
Despite the fact that the children were able to spend the summer with their mother in the United States, the children are now back in Monaco, where they have been living since Giersch's visa was revoked. On Aug. 11, Rutherford was required to appear in court with her children and send them back to live with their father. Giersch has been awarded sole custody of the children by the Monaco courts; although there is still some debate over whether Monaco had the legal ability to do so since the children were born and the custody case originated in the United States.
As of right now, both the California and New York state courts are claiming they have no jurisdiction in the case, which has left Rutherford without a clear path to continue to fight the custody dispute in the United States courts. She will, however, retain the ability to continue the matter in the Monaco courts.
Any type of custody battle is apt to bring up intense emotions, which can cause parents to make snap decisions that may not be beneficial to their legal standing in the long run. If you have questions about a court order or how you should comply, talking with your attorney can help you understand your options.
Source: E! Online, "Kelly Rutherford Reacts to Kidnapping Accusation, Being Forced to Send Kids Away as Custody Battle Continues," Corinne Heller, Aug. 14, 2015