Family law issues such as child custody, visitation rights and child support payments can be difficult to navigate. Las Vegas families who choose to resolve these legal matters through litigation may find that the process requires one or more civil appeals.
Actress Kelly Rutherford, known for her role on the television series “Gossip Girl,” is expected to appeal the latest decision in her child custody battle. Rutherford is fighting not only for custody of her two children, ages 7 and 5, but also to keep them in the United States. The judge overseeing her case has recently stated that Rutherford’s petition lacks jurisdiction, and therefore will be dismissed.
While the two children are American citizens, custody has been awarded to Rutherford’s ex-husband, a German citizen who is no longer able to travel to the U.S. because he fraudulently obtained a visa. Prior to her ex-husband’s visa revocation, Rutherford had primary caretaker responsibilities. These were shifted to the father once he lost his ability to enter the U.S. to visit his children.
Rutherford’s legal team is arguing that the children’s constitutional rights would be violated if they are forced to move to a new country. According to Rutherford’s court filings, this amounts to a denial of procedural Due Process.
The children are scheduled to move to Europe on August 19.
If you are facing an international child custody issue or other complex family law matter, you may benefit from learning upfront what the process may entail, as lengthy court battles and multiple appeals may be required. Those who have questions about a complex family law problem may want to seek the advice of an attorney as soon as possible.
Source: New York Daily News, “Kelly Rutherford suffers setback in fight to keep kids from being ‘deported’ to France,” Shayna Jacobs, Aug. 14, 2014