The custody battle continues for Kelly Rutherford.
According to Daily Mail, the Gossip Girl star, 45, continues to fight to see her children: son Hermés, nearly 8, and daughter Helena, 5.
Following is a quick recap of her ongoing battle:
Rutherford’s ex-husband, German-born Daniel Giersch, was granted custody of their two children in 2012. According to court reports, Rutherford technically has 50/50 custody. However, since a judge ruled that the children would live with their father, who resides in Monaco, in order for Rutherford to see them she must either travel to Monaco or wait for the summer when they stay with her in New York. To complicate matters further, the judge placed the children with their father because Giersch is unable to get a visa to stay in the US. Rutherford has since filed for bankruptcy, citing $2 million in debt from this custody battle.
Rutherford has filed a dramatic legal bid to keep her children in the US. The actress has petitioned for an emergency motion to keep them in her custody before she is court-ordered to put them on an airplane back to France on August 19.
The actress is claiming “illegal deportation” in an effort to keep her children in the US.
Rutherford’s attorney, Wendy Murphy, is speaking out about the emergency motion.
“Kelly has no intention of violating the California judge’s order,” Murphy says. “This is about Kelly’s children and their civil rights. This legal action is the only way for the children to enforce their rights as U.S. citizens. No person, especially an American child, should be forced to leave the United States unless a federal authority makes that decision in a manner consistent with the Constitution. That did not happen with Kelly’s children and we are simply asking a federal authority to make a decision consistent with the children’s fundamental rights as Americans.”
Last year, the actress told Celebrity Baby Scoop how she copes with the ugly and ongoing legal battle.
“You just have to remind yourself that you will get through it, because it goes on for a while,” she said. “At the end of the day, it passes. The priority is the kids and when they have questions, I make sure to sit down and answer them. I try to be as kind and as respectful of them as possible, and I also let them know that I don’t always know either.
She added: “I let them know that I’m still figuring out the situation but the one thing I do know is that their father and I love them. I let them know that we’re working it out and to enjoy each moment, whether they’re with their dad or whether they’re with me. You have to make them feel connected.”