Kelly Rutherford Custody Battle: A Decade Of Resilience And A Mother's Journey To Peace
For many, Kelly Rutherford is synonymous with her iconic role as Lily van der Woodsen in the hit series Gossip Girl, portraying a glamorous, albeit complicated, New York socialite. However, behind the on-screen drama, Rutherford was embroiled in a real-life legal battle far more grueling and heartbreaking than any television script could conjure. It's been 15 years since former Gossip Girl star Kelly Rutherford first entered into a lengthy — and costly — custody battle with her ex-husband, Daniel Giersch. This saga, marked by international complications and profound personal sacrifice, captivated headlines and garnered immense public sympathy. Today, years after a highly-publicized custody battle, Kelly Rutherford has shared details about her “quiet” life, a testament to her enduring resilience.
The Onset of a Mother's Nightmare: 2008-2012
The brutal custody battle between Kelly Rutherford and her ex-husband, German businessman Daniel Giersch, began back in 2008, and it only spiraled from there. In December 2008, the Gossip Girl actor filed for divorce from Giersch. At the time of the breakup, Rutherford was three months pregnant with their second child. While Rutherford was pregnant with their daughter, Helena, who was born in June 2009, she filed for divorce from Giersch, and the estranged couple began fighting over custody of their son, Hermés, and their unborn daughter.
Initially, Kelly Rutherford and ex Daniel Giersch shared custody of their two kids. However, the situation took a dramatic turn when Giersch lost his U.S. visa, reportedly due to issues unrelated to the custody case, and was forced to return to Europe. This unexpected development transformed a contentious domestic custody dispute into a complex international one. Yet, for all her maternal ardor, Rutherford was soon living a mother’s nightmare. In 2012, a pivotal moment arrived when her two children were sent to live with their German-citizen father in foreign countries, primarily France and Monaco, a decision that would define the next several years of Rutherford's life.
The Escalation of an International Legal Saga
The legal battle spanned multiple continents, with judges in both the U.S. and Europe weighing in, often with conflicting outcomes. Rutherford fought tirelessly to bring her children back to the United States, arguing vehemently against the courts' decisions. She maintained that the courts had no right to force her children to return to France after their permitted visits with her in New York City. Despite her impassioned pleas and legal efforts, the tide often turned against her.
Key rulings that shaped the trajectory of this lengthy battle include:
- **July 23, 2015:** A California judge ruled that California did not have jurisdiction over the case, effectively pushing the primary legal authority to European courts. This was a significant blow to Rutherford's hopes of having the children reside in the U.S.
- **2015 (Monaco Ruling):** Kelly Rutherford's custody battle took a tragic turn when a judge in Monaco, where her children had been living with their father, ordered that her children were to stay in Monaco with their father. This ruling effectively cemented their residence abroad, making it incredibly difficult for Rutherford to maintain regular, physical custody.
- **Late November (Monaco Ruling):** The latest ruling in what was then a six-year custody battle between the former Gossip Girl actress and ex-husband Daniel Giersch came when a Monaco judge gave him full custody of Hermes, then 9, and Helena, then 6, according to leaked documents obtained by the Daily. This was a devastating outcome for Rutherford, who had poured years and immense resources into the fight.
The financial and emotional toll of this prolonged battle was immense. Rutherford reportedly spent millions of dollars on legal fees, leading to financial hardship and even bankruptcy filings. Beyond the monetary cost, the emotional strain of being separated from her children, compounded by the public scrutiny, was immeasurable.
Finding Peace and a Quiet Life After the Storm
Nearly a decade after her bitter, headline-generating custody battle came to a close, Kelly Rutherford seems to be relishing her time out of the spotlight. The “Gossip Girl” actor has since given fans an update on her “very quiet” life. While the pain of the past undoubtedly lingers, Rutherford has found a way to navigate her reality and focus on her well-being and her relationship with her children, albeit from a distance.
At Thursday's Smile Train 20th Anniversary Gala, the Gossip Girl actress, now 50, told PEOPLE that she sees her children (daughter Helena, now 9, and son Hermes, now 12, whom she legally lost custody of in the past). This statement, while acknowledging the legal reality, also highlights her continued connection and commitment to her children. Despite the legal setbacks, Rutherford has always prioritized her role as a mother, finding ways to be present in their lives as much as possible.
More recently, a heartwarming development emerged, showcasing the strength of her bond with her children. Kelly Rutherford and her lookalike model son Hermés appeared on the cover of 'Harper's Bazaar Netherlands' on June 6, 2025, following a years-long custody battle between Rutherford and her ex-husband. Kelly Rutherford's model son Hermés Giersch, now 18, appears alongside the actress on the cover of 'Harper's Bazaar Netherlands.' This public appearance signifies a new chapter, one where the focus shifts from legal battles to shared moments and the blossoming careers of her children. For years, Rutherford was locked in a contentious custody battle with her ex-husband, but this recent collaboration with her son speaks volumes about the healing and growth that has occurred.
Kelly Rutherford’s journey through one of Hollywood’s most publicized custody battles is a poignant narrative of a mother’s unwavering love and resilience. From the initial filing for divorce while pregnant to the devastating international rulings that kept her children abroad, Rutherford faced unimaginable challenges. Yet, she has emerged with a quiet strength, embracing her life and her relationship with her children on new terms. Her story is a powerful reminder of the profound impact of legal disputes on personal lives, but also of the human capacity to find peace and purpose even after enduring immense hardship.
Kelly Rutherford Opens About Her Kids After Custody Dispute | Us Weekly
Kelly Rutherford awarded sole custody of her two children in court ruling
Kelly Rutherford awarded sole custody of her two children | HELLO!
