Custody Battle Update

Sad-looking-girl-with-her-fighting-parentsA few weeks back I wrote a blog regarding the difficulties involved in removal cases. I specifically had mentioned that Actress Kelly Rutherford has been in the new recently because her children’s father had custody of their two minor children and had them in Monaco, France.  It appears that Ms. Rutherford had filed for divorce in California when she was pregnant with her youngest child (who is now six years old).  Last week the California court ruled that Ms. Rutherford would have custody of the two minor children and that she would be in possession of their passports, which is a big win.

A few weeks back I wrote a blog regarding the difficulties involved in removal cases. I specifically had mentioned that Actress Kelly Rutherford has been in the new recently because her children’s father had custody of their two minor children and had them in Monaco, France.  It appears that Ms. Rutherford had filed for divorce in California when she was pregnant with her youngest child (who is now six years old).  Last week the California court ruled that Ms. Rutherford would have custody of the two minor children and that she would be in possession of their passports, which is a big win.

Now, it is up to Monaco to enforce the court order in California.  Under the UCCJEA, in Illinois, we would enforce another state’s custody order if it meets certain criteria.  Because France is not a part of the United States, there is no guarantee as to how the order will be treated, however, France has signed the 1980 Hague Convention, which deals with Civil aspects of Child Abduction.  While this is not concrete evidence that France will enforce the California court order, it is a good indicator that they will act favorably to the minor children and Ms. Rutherford, absent other circumstances.

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