Kelly Rutherford's ex Daniel Giersch wins legal injunction in Germany 'to stop Vanity Fair printing false statements about him'
Kelly Rutherford's ex-husband Daniel Giersch has taken legal action against Vanity Fair over an article in the magazine's November issue about the custody battle between the the two former spouses.
Giersch, a German businessman who recently won custody of Hermes, nine, and Helena, six, went to court in Germany over what his attorney described in a press release as 'untrue and defamatory assertions.'
A judge in Hamburg granted an injunction December 21 ordering Vanity Fair's publishers to halt the dissemination of certain statements included in the article in print and online.
Fighting back: Daniel Giersch, right, has been granted an injunction against Vanity Fair in Germany over 'untrue assertions' made in an article about his custody battle with ex-wife Kelly Rutherford, left
The legal ruling provides for a fine of $275,000 for each time the magazine breaches the injunction.
Giersch, who lives in France and Monaco, intends on taking further steps to protect his reputation, his Hamburg attorney Oliver Scherenberg said.
His client was moving to halt the spread of lies about him, Scherenberg added, and has hired a team of lawyers 'to coordinate the global defense strategy against the false and disparaging statements.'
The false assertions, according to the complaint, included a claim by the actress that she had never sought full custody of the children initially and that she had filed for divorce when three months pregnant with their daughter, when in fact he was the petitioner.
Bitter: The actress and the businessman wed in 2006 and filed for divorce in 2008. They have waged a bitter six-year custody battle over their two children. This month, a Monaco court awarded full custody to Giersch
The attorney characterized Giersch's decision to take legal steps as driven by a desire to protect his children and his personal integrity.
'The children of our client must have an opportunity to grow up in peace and to be shielded from the glare of the public eye,' the press release stated. 'This means that they should not have to read falsehoods in the press about their father.'
Giersch, 41, was wed to Rutherford from 2006 to 2009 and was granted full custody of the children by a Monaco court on December 15.
Rutherford, 47, is only permitted now to visit with the children in Monaco and France although the court ruled that both she and Giersch are jointly responsible for decisions concerning their children's ‘health, schooling, religious education and any change of residence.’
Lost: The former Gossip Girl star had tried to keep the kids with her in the U.S. and refused to send them back to their father in Monaco after the summer vacation. She is now only allowed visitation in Monaco or France
The custody ruling marked the end of a bitter six-year legal battle between the former Gossip Girl star and Giersch, who is not allowed to enter the U.S. after having his visa revoked.
According to the Monaco judge's ruling, Hermes and Helena will spend half of Christmas, spring and summer vacations with their father and half with their mother, in France or Monaco. The actress will receive a total of 3,000 euros ($3,281) a month in maintenance.
Rutherford has been traveling in Europe for the past couple of weeks and posted photos of her travels on her Instagram account.
These included snaps showing coffee and pastries she enjoyed at Milan's iconic bakery cafe Marchese, and a sightseeing visit to Florence's famed Uffizi Gallery and Museum.
She spent Christmas in Switzerland in the alpine region around St. Moritz, from where she shared snaps of the local scenery and chalets.
Festive spot: The actress posted this photo on Instagram showing the scenic views of the Engadin region of the Swiss Alps, near to St. Moritz, where she spent Christmas
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