A California judge who ruled on May 22 that the ex-husband of actress Kelly Rutherford, Daniel Giersch, had to return to the state with her children for a custody hearing on June 15 has been overruled by another judge. Rutherford and Giersch divorced in 2008 after two years of marriage. They shared child custody until 2012 when Giersch’s visa expired. After that, a judge ruled that Giersch should have primary custody of the two children and that they could live with their father in France and Monaco.

Rutherford has been seeking to have her children returned to her in the United States since then. However, Giersch alleges that she made untrue statements during the May hearing in Los Angeles in which she was granted temporary sole custody.

Although there has been some speculation that overturning the ruling means Monaco has jurisdiction instead of California, Rutherford’s attorney says this is not the case because Giersch is not a citizen of Monaco. According to the attorney, the father has simply been granted a right to a hearing.

Child custody may be one of the more difficult issues a couple must attempt to resolve during their divorce proceedings. It may be particularly contentious if one parent must be in a different location, as is the case with Rutherford and Giersch. However, even if the parents live in the same area, they may both want primary physical or legal custody of the child. An attorney may be able to help a parent obtain a satisfactory resolution through mediation or negotiation in order to avoid lengthy litigation.

Source: Latin Post, “Kelly Rutherford custody case: Judge halts order for father to return children from Monaco,” Nick Younker, May 31, 2015