A Detailed Look at Kelly Rutherford‘s Fight for Custody of Her Children

Kelly Rutherford is an actress best known for her roles as Lily van der Woodsen on Gossip Girl and Megan Lewis on Melrose Place. Though her professional acting career has spanned decades, Rutherford has also been embroiled in a lengthy personal and legal custody battle over her two children with ex-husband Daniel Giersch. Their cross-continental fight has involved complex international jurisdiction issues.

Background on Kelly Rutherford

Before diving into the custody case details, here is some background on Kelly Rutherford:

Early Life and Entry into Acting

Kelly Rutherford was born in Elizabethtown, Kentucky in 1969. From an early age, Rutherford expressed an interest in performance and entertainment. She competed in local beauty pageants during high school and honed her acting skills in school theater productions.

Rutherford graduated from Corona del Mar High School in Newport Beach, California in 1987. She then studied at HB Studio in New York City to further develop her dramatic talents.

Rutherford‘s professional on-screen career began in the late 1980s at age 19. Her first major role came in the ABC drama Homefront, playing an aspiring actress in a small town after World War II.

Rise to Fame with TV Roles

Rutherford‘s breakthrough came in 1996 when she was cast as Megan Lewis on the hit primetime soap opera Melrose Place. She appeared in over 50 episodes until 1999.

Rutherford went on to secure many other major television roles throughout the 1990s and 2000s, including parts on The Adventures of Brisco County, Jr., Scream 3, and recurring roles on shows like The District and Threat Matrix.

But Rutherford‘s most famous part came in 2007 when she was cast as Kelly van der Woodsen, mother of Blake Lively‘s character on Gossip Girl. Rutherford remained a central figure on the show until its end in 2012.

Marriage to Daniel Giersch and Children

Rutherford met German entrepreneur Daniel Giersch in 2003 through mutual friends. The two began dating and eventually married in 2006 when Rutherford was pregnant with their first child.

Their son Hermes Gustaf Daniel Giersch was born in October 2006. Rutherford gave birth to their daughter Helena in 2009. By most accounts, the early years of their relationship seemed happy as they started a family together.

Overview of the Rutherford-Giersch Custody Battle Timeline

• 2006 – Rutherford and Giersch get married. Rutherford is pregnant with their first child.

• 2008 – Rutherford files for divorce from Giersch while pregnant with their second child.

• 2009 – The couple establishes a 50/50 joint physical and legal custody arrangement for their children.

• 2012 – A California judge grants Giersch primary custody of the children, awarding Rutherford visitation rights. The kids go to live with their father in France and Monaco.

• 2015 – A California appeals court overturns the 2012 ruling due to lack of jurisdiction. But months later, a judge orders the children to return to Monaco to live with Giersch.

• 2018 – The "Rutherford Bill" passes in NJ to help parents in similar cross-border custody cases.

• 2020 – Rutherford and Giersch finally reach a settlement for joint custody with the kids splitting time between parents.

Concerns Raised About Rutherford Causing Custody Loss

In 2012 when the court granted primary custody to Giersch, reports indicated the judge‘s decision stemmed from concerns about Kelly Rutherford‘s lifestyle and mental stability.

Specifically, claims were made that Rutherford abused alcohol and displayed erratic behavior. Rutherford firmly disputed such characterizations.

No police reports, hospitalizations, or other legal documentation ever substantiated these supposed issues according to Rutherford‘s lawyers. Her parents and friends also maintained Rutherford was a devoted, loving mother.

Nonetheless, the unproven concerns raised about Rutherford‘s fitness as a suitable custodial parent contributed to the ruling against her.

“I don’t drink. I’ve never taken drugs,” Rutherford stated in a 2014 People interview, defending herself against the unsubstantiated claims which she felt wrongfully cost her custody.

The Emotional Impact on Rutherford of Losing Custody

Losing primary custody of her children and having them move overseas with their father resulted in extreme emotional distress for Kelly Rutherford as one might expect of any parent in such a situation.

In interviews over the years, Rutherford has expressed heartbreak and devastation at only being able to see her young children through sporadic visitation.

"It‘s such a traumatic experience," Rutherford told People in 2015. "It‘s changed who I am forever."

Being apart from her children for long stretches took an immense toll. But Rutherford never gave up her tireless fight to regain custody rights in the courts.

Statistics on International Custody Disputes

Kelly Rutherford‘s custody battle represents just one high-profile example of a growing trend of complex international custody disputes:

• An estimated 1,000 international custody disputes occur in U.S. courts annually according to a 2016 article in The Atlantic.

• Over 270 U.S. children were illegally retained abroad between 2008-2017 per the U.S. State Department.

• Experts estimate 50% of marriages end in divorce when one spouse is not a U.S. citizen. Custody battles ensue in many cases.

• 15% of all child abduction cases globally stem from broken mixed-nationality marriages according to a 2010 study.

• Countries with most child abductions from the U.S.: Mexico, India, Japan, United Kingdom.

These statistics underscore the pressing challenges around jurisdiction and children separated from parents in global custody disputes.

Precedents Set in Family Law by Rutherford Custody Case

The Rutherford-Giersch custody battle set new precedents and highlighted the need for evolving standards around international family law:

• Demonstrated how one state‘s court rulings may not be enforceable when children reside abroad and outside home state‘s jurisdiction.

• Showed how Hague Convention treaty alone cannot resolve complex disputes involving dual citizen children.

• Exposed how parents lack protection in navigating intersecting legal systems across borders.

• Revealed need for clearer international protocols and cooperation in cross-border custody cases.

• Led to reforms like the Rutherford Bill to establish jurisdiction standards and due process rights.

Kelly Rutherford‘s case exposed systemic flaws. While not the first high-profile international custody dispute, it represented a seminal case that shaped legal reforms.

Rutherford‘s Continued Acting Career Success Since Custody Battle

Even throughout the immense challenges of her prolonged custody battle, Kelly Rutherford has continued to achieve great success in her acting career:

• Played lead role in Lifetime movie The Christmas Consultant (2012)

• Appeared in multiple other Lifetime movies like A Sister‘s Nightmare (2013)

• Had guest arc on CW show The Tomorrow People (2014)

• Starred in title role of Amazon Prime thriller series Twin Peaks (2017-2018)

• Joined cast of popular Netflix drama Dynasty in recurring role (2019-present)

• Published memoir Brave in 2020 recounting custody ordeal

Rutherford has proven her resilience and dedication to her first passion of acting despite facing deep personal trauma during the same period.

Benefits to Children of Shared Custody Arrangements

While Kelly Rutherford understandably fought hard for full physical custody, the settlement reached allowing the children to split time between both parents‘ homes provides its own benefits:

• Children receive nurturing care and support from both parents.

• Transitions between households may build adaptability.

• More quality time is often spent together during short visits.

• Children can retain their relationship with each parent.

• Reduces burden on single parent to provide everything alone.

• Gives children access to the unique strengths and talents of each parent.

The 50/50 joint physical custody decree reached in 2020 delivered a fair compromise benefiting the well-being of Rutherford and Giersch‘s children.

Impact on Children When Separated from a Parent

While shared custody serves children best, lengthy separations from a parent can certainly be traumatic based on mountains of research:

• Increased likelihood of emotional problems according to American Psychological Association.

• Higher risk for depression, anxiety, poor academic performance per 2006 study.

• More behavioral issues and social withdrawal, especially when separation occurs in early childhood according to NIH.

• Feelings of rejection and loss of trust even when regular contact with absent parent.

• Effects worsen over time the longer separation lasts.

• Symptoms less severe if child understands separation is not parent‘s choice.

Kelly Rutherford‘s children experienced these adverse effects when apart from her for long periods. Their eventual reunion helps mitigate potential long-term damage.

The Rutherford Bill Passed in New Jersey

Beyond her own custody case, Rutherford‘s difficult experience navigating international jurisdiction prompted positive legal change.

In June 2018, the New Jersey state legislature passed a bill dubbed the "Rutherford Bill" which establishes legal protections for parents involved in interstate and cross-border custody disputes.

The law ensures custody cases are heard in the child‘s home state and affords due process rights to both parents to present arguments, preventing unilateral decisions.

While too late to impact her own complex custody battle, the Rutherford Bill‘s passage represented a major achievement in preventing drawn-out custody fights like hers in the future.