When New York parents who are citizens of different countries divorce, serious attention must be paid to the child custody agreements. Allegations of international parental abduction are taken quite seriously, so it is important that both parties understand the terms of the agreements as clearly as possible. Due to alleged repeated violations of a custody order and concerns of parental abduction, actress Kelly Rutherford recently took action to temporarily obtain child custody.
Rutherford shares custody with her ex-husband, Daniel Giersch. Giersch, who is a citizen of Monaco, allegedly petitioned a court to change the citizenship of the couple's two children. Upon discovering this, Rutherford petitioned for an emergency hearing that ultimately granted her temporary custody of the two children. Giersch was not notified of the emergency hearing, although Rutherford claims that was because of the abduction concern.
Although the couple divorced back in 2010, the battle over child custody did not end until 2013. However, the temporary custody order that Rutherford received noted that Giersch had violated their agreement on multiple occasions in the past. It is unclear if this played any role in the judge's decision to award Rutherford custody.
For parents who are at odds over what is in the best interests of their children, sorting out child custody agreements can be difficult tasks. This can be true even more so when custody arrangements must be made across international borders. Should a parent in New York believe that another is violating a custody agreement or has plans that do not otherwise align with the terms laid out by the parenting plan, he or she may petition the court for a modification or emergency temporary custody until a suitable resolution is found.
Source: CBS Los Angeles, "Judge Orders Children Returned To Actress Kelly Rutherford In Custody Fight", May 26, 2015