It has been reported that the allegations involved fraud or an involvement in drugs and weapons dealing in South America, considered terrorism under the Victory Act. Giersch consequently was unable to enter the United States and took up residence in France and Monaco. In May 2012, Rutherford and Giersch's children went to France to spend the summer with their father. Rutherford asked the court to grant her sole custody so that she could keep the children primarily in the United States following their visit to France, as the existing joint custody agreement required her to travel frequently to enable Giersch to spend time with the children.