New details in Kelly Rutherford's custody battle are insane

Jun 12, 2015 at 5:51 p.m. ET
Image: Dennis Van Tine/Future Image/

The details of Kelly Rutherford’s custody battle have kept the public rapt and attentive to her plight and more importantly, her poor children have been caught in the middle of this terrible and bitter trial for years.

Now, new details are being brought to light that could blow everything else we know about this case out of the water.

Rutherford's lawyers are now alleging that Daniel Giersch, the Gossip Girl actress's ex, may have forged an email that influenced the judge's 2012 decision to move and forcibly keep the couple's children abroad.

If you know anything about this saga it is that Rutherford's children have been living between France and Monaco while their mother traveled back and forth between her homes in New York and Europe to see them. And under this court order, Rutherford claims she has had to make this trip more than 70 times.

More: The reason Kelly Rutherford lost custody of her kids is heartbreaking

The separation is rooted in the fact that Giersch's U.S. visa was revoked after he left the country in 2012 after the couple's breakup and couldn't come back.

Attorney Wendy Murphy said, "We brought [to] the California court's attention for the first time today the fact that a fraudulent email purporting to be sent to the children's father by the U.S. Embassy in Berlin was submitted to the court in 2012 to justify the California court's initial decision to make the children leave the United States and reside abroad. Shockingly, the judge today ignored that evidence that that email was forged, though the record is clear that the email was never authenticated by either the father or the court, and it is abundantly clear that the document is not authentic as it is signed by the 'US Consulate in Berlin' and there is no consulate in Berlin — there is only an embassy. The idea that a fraudulent document would lead to the forced exile of American citizens is unconscionable."

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Giersch's attorneys replied, saying, "As our papers filed today indicate, the visa revocation was unfortunately very real."

While no one is saying that Giersch's visa was not revoked, Murphy is claiming that this document made it seem as if he could not reenter the United States without a visa, which, if the document is in fact false, would have been untrue. And, he would have not needed a visa to simply visit the United States.

Murphy also points out that there is no date of revocation listed on this document.

This is just the latest in a series of intense and insane allegations in this bitter battle, which also includes Giersch not being told of his young daughter's birth.

Rutherford said to People, "I hope this is finally coming to an end and my children will soon be coming home." Giersch would not comment.

More: Kelly Rutherford loses custody of her children in brutal divorce