A June 15 custody hearing in California ordered by one judge for actress Kelly Rutherford and her ex-husband Daniel Griesch has been halted for the time being by the order of another judge. Griesch had been ordered to fly the children in from Monaco for the California hearing. While some commentators say that the halt is because Monaco should have jurisdiction in the case instead of California, Rutherford’s lawyer contends that this is incorrect. According to her, Griesch has simply been granted the right to a hearing as well, but Monaco cannot have jurisdiction because Griesch does not hold citizenship there.
Rutherford and Griesch married in 2006 and divorced two years later. They shared custody of the children until 2012. However, in that year, Griesch’s visa expired, and he obtained primary custody of the children to live with him in France and Monaco. Rutherford has been trying to get the children back since then.
On May 22, a court ordered the hearing in Los Angeles. However, Griesch is claiming that Rutherford made fraudulent statements and lied at that appearance.
Custody disputes can be one of the most unpleasant aspects of a divorce. This can become even more complex if one parent relocates to another city, state or country as was the case with Rutherford and Griesch. Even if parents have previously worked out an amicable agreement to share custody, a relocation can change all of that. In such a case, an aggrieved parent may wish to consult with an attorney. A judge will weigh a number of factors in deciding which parent gets primary physical custody including which option will provide more stability for the child.
Source: Latin Post, “Kelly Rutherford custody case: Judge halts order for father to return children from Monaco,” Nick Younker, May 31, 2015