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Actress Loses Child Custody Appeal, Children Sent Back to Europe

Kelly Rutherford, best known for her role on the CW’s “Gossip Girl,” was dealt another blow in her child custody appeal, following her separation from Daniel Giersch. 

In mid-December, the US Court of Appeals for the Second Circuit denied Rutherford’s application for appeal, in the wake of an August ruling that sent her children, Hermes and Helena, to Europe to reside with Giersch. 

The rejected appeal was the second blow for Rutherford in the month of December. Just days earlier, a judge in the country of Monaco ruled that, while Rutherford can visit her children in Monaco or France, she is prohibited from bringing them back with her to the U.S. 

Rutherford’s rejected appeal is the latest in a years-long battle with Giersch. In 2012, a judge in California ordered the children to France to live with Giersch, who is German-born, after his U.S. visa was revoked. Since then, a number of judges in both California and New York have rejected the view that they have any jurisdiction in the case.

Appealing Family Law Decisions

When people think about family law, typically one thing comes to mind – divorce. However, family law is increasingly broad and complex, with issues ranging from prenuptial agreements, divorce, adoption, paternity, or child custody. When these types of cases are presented before a court, the outcome may not be agreeable to all parties, which is when one might choose to pursue a family law appeal.

An appeal can best be described as a proceeding that is brought to a higher court, in order to review a lower court’s decision. Though not all rulings can be appealed, it is possible to appeal most orders in family law cases. In the case of Kelly Rutherford, that appeal came immediately after a child custody ruling in August. 

Those looking to file family law appeals can do so after the order or judgment is verified and signed by a superior court judge, and receives the stamp from a court clerk. It’s important to note that, while most cases involve a final judgment at the end of a trial or hearing, it is possible for a superior court judge to issue a ruling without a hearing. 

If you are satisfied with a family court ruling, it is important that you seek the sound legal advice of a family law attorney. A lawyer who specializes in this area of law can recommend a course of action, and let you know what your options are regarding the appeals process.

In San Diego, our attorneys at Fischer & Van Thiel, LLP have helped many clients pursue family law appeals. We will not only handle your claim with the upmost professionalism and understanding – we will work diligently to pursue the favorable resolution that you deserve. 

Whether you are appealing child custody, child support, divorce or another facet of family law, our legal team is here to support you and your family. We want to be your family law advocates. 

To contact one of our family law attorneys, or to schedule an initial consultation, we welcome your call today at (858) 935-6211.

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