Kelly Rutherford has raised an alarm, saying that a ruling by a California state court has essentially deported her kids even though they are U.S citizens.
Rutherford had been in a protracted child custody battle with her ex-husband Daniel Giersch … and it ended when a judge ruled that Giersch should have primary custody of their two kids – ages 5 and 7.
Giersch, a German citizen, was barred from entering the United States in 2012 ‘based on evidence that he had engaged in fraud and other misconduct related to his temporary visa.’ He has been living in France since then.
Rutherford is arguing that the state court’s decision to grant Giersch custody has essentially – and wrongfully – deported her children since he can no longer enter the country … and now she wants a federal judge to reverse the decision so that her kids will remain with her in the U.S.
‘No similar case could be found where children who were born and raised in the United States were deported from their own country, where their mother still resides, to accommodate the demands of a non-citizen parent forbidden to re-enter the United States,’ the former Gossip Girl said in court documents.
Rutherford, however, says that this is not a new child custody case, but a civil rights issue. She also says she has no intention of violating the California judge’s order, but may be forced to do so if the federal court does not rule in her favor.