On behalf of Scott Mitchell Law Offices posted in Child Custody on Friday, September 14, 2012
Kelly Rutherford, a star in the "Gossip Girls" television series, is currently fighting a child custody modification battle to prevent her ex-husband from taking her children overseas. A judge ruled that the two children, ages 5 and 3, should reside primarily with Rutherford's former spouse, a German businessman named Daniel Geirsch. However, Geirsch was denied re-entry into the United States due to a charge of visa fraud, so the children would be forced to relocate to France where their father lives.
Rutherford has vowed to fight the children's removal to France and has presented evidence to the judge that her former husband was engaged in tax fraud and currently owes the IRS thousands of dollars in back taxes from undeclared income. The judge originally ruled that Geirsch could have custody of the children because he could not re-enter the United States; however, Rutherford hopes that evidence of his tax evasion will persuade the judge not to reward him with custody for a situation she contends he created himself.
Custody battles are usually very acrimonious and bitter, and it is especially difficult when a judge appears to make decisions based on issues that should not affect a custody decision. This case has an added degree of difficulty because of the international aspects of the case. Enforcing a child custody decree on someone who is not within the borders of the United States can be extremely difficult. People who are involved in cases like this one often rely on the advice of an experienced family law attorney to help them navigate the complex issues.