In August 2012, in a widely reported decision, a California Superior Court judge ruled that the 50/50 custody arrangement should remain and that, because Giersch is unable to travel to the United States, the children should live in France with him and attend school there, with Rutherford traveling there to visit them. Though Rutherford opposed the decision and requested a stay of proceedings while she appealed, her request was denied and it was ruled that, in two years, his eligibility to enter the United States and the consequent well-being of the children will be reassessed.