Child custody matters follow rules of jurisdiction

When an American citizen desires to uproot his life in this country and take it to another, he has some legal work to address. Most countries will allow Massachusetts residents and other Americans to visit with passports, but when they intend to move and settle in new locations they usually need more permanent travel documents. A visa can be just the type of document a person needs to start his life abroad.

Just as visas can be granted they can also be taken away. If a person has his visa revoked he may not remain in the foreign country nor may he visit it until the visa issue is resolved. The matter of a visa is currently causing a great deal of consternation for an American actress and her foreign ex-husband as they battle over their two children’s custody.

Kelly Rutherford recently told an American court that she has traveled around 70 times to Monaco to see her two young kids. The children have lived abroad with their father who cannot travel to the United States. His visa was revoked and for that reason he cannot live where Rutherford works and resides. In order to preserve her parenting time, Rutherford has become a frequent traveler to maintain a relationship with her kids.

At present, Rutherford and her ex are trying to determine what court should have jurisdiction over their messy international custody matter. Her ex wants the battle moved to Monaco and alleges that California should not have jurisdiction as Rutherford no longer lives there; Rutherford desires to keep the matter California despite the fact that she retains a residence in New York.

Where a parent lives can impact where a child custody matter may be handled. If the California court finds that Rutherford is no longer a resident of the state then the actress may find herself facing even more travel. At the heart of this matter are two small children who deserve to have their best interests served by whatever court system ends up managing their case.

Source:, “Actress Kelly Rutherford’s Custody Battle Focuses On Court Jurisdiction,” Miriam Hernandez, July 10, 2015

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