News: US actresses embroiled in international custody disputes
Berry, famous for her roles in Die Another Day, Monster’s Ball and X-Men, has expressed an interest in moving to France with her current partner, French actor Olivier Martinez, and her four-year old daughter Nahla by previous partner Gabriel Aubry, a Canadian model. According to reports, Aubry has opposed the move, as he fears becoming alienated from his daughter.
As Berry’s stated intention in moving to France is to escape the attentions of the paparazzi, Aubrey’s lawyers are reported to be planning to use the recent publication of intrusive photos of the Duchess of Cambridge as an argument in the continuing case.
Meanwhile, Kelly Rutherford, best known for her role in US TV show Gossip Girl, is in dispute with ex-husband Daniel Giersch, a German businessman. Rutherford and Giersch divorced in acrimonious circumstances in 2009, while she was pregnant with their second child, but Giersch remained an active father until April this year, when his US visa was revoked and he was forced to leave the country.
As Giersch could no longer travel to the United States, Rutherford travelled to various countries, including Bermuda and Canada, to allow her children to see their father. Then last month, Judge Theresa Beaudet of California Superior Court ruled that the two children, aged five and three, should go to live in France with their father in order to allow equal access.
The judge said: “The best interests of the children will be served because the relocation plan for France is the only plan that offers the possibility of nearly equal parenting time while Giersch cannot return to the U.S.”
Neither Rutherford nor Giersch are French citizens and both children were born in the US. According to reports, Rutherford plans to appeal the ruling.
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Marilyn Stowe is the senior partner in Stowe Family Law, which has offices in Yorkshire, Cheshire and London. With more than 30 years’ experience handling divorce cases and family law proceedings she is regarded as one of the most formidable and sought after divorce lawyers in the UK. In 2012, Marilyn became one of the first solicitors to qualify as a family law arbitrator.
All persons mentioned in the scenarios are fictitious: details have been deliberately changed in order to protect identities and other confidential circumstances of my clients. All advice and information on this blog including posts written by guest authors, is given only as a general guide to the operation of the law on the date of publication. Readers must place no reliance whatsoever on the content of this blog and must always obtain their own legal advice. Marilyn Stowe, Stowe Family Law LLP and guest authors accept no liability whatsoever arising as a result of reliance upon its content.
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