Christina Ricci’s Ex-Husband Denied Emergency Custody of Their 11-Year-Old Son

Christina Ricci’s ex-husband James Heerdegen took her to court to seek emergency custody of their 11-year-old son, and his request was denied.

Heerdegen filed for an emergency custody hearing after their son, Freddie, texted him about Ricci allegedly drinking alcohol on a June 16 flight to Canada. In her response, Ricci acknowledged that Freddie used “certain words” to describe how she behaved.

But the court documents also said Freddie told attorneys he had “overreacted” in sending the texts, that Ricci’s behavior was not as he described it, and that he had no fear of being in her custody.

The court denied Heerdegen’s emergency custody request and agreed to seal the text messages between Freddie and his father.

Ricci asked for the texts to be sealed, citing bullying her son had previously experienced. She argued that making the messages public could prompt bullying and “may jeopardize” his mental health.

“An emergency custody request is basically the family law equivalent of pulling the fire alarm,” said Tenny C. Amin, managing partner at TALG, who is not involved in the case. “Courts reserve them for situations where a child is in immediate danger or what we call in Family Law ‘imminent harm’, not because a parenting dispute suddenly got louder.”

A parent’s — or child’s — idea of an emergency and a court’s or often different.

“Courts do not enter emergency orders lightly; there needs to be demonstration that immediate relief is warranted to prevent harm to the child,” said Jennifer A. Brandt, Family Law Chair at Cozen O'Connor. “A child’s statements are not determinative of outcomes, however, as a Court will consider the totality of the evidence.”

“Judges hear some of the most difficult and horrific situations you can imagine. So while a parent might think a situation is an emergency, it usually pales in comparison to what judges see as actual emergencies,” said Randall M. Kessler, founding partner of Kessler & Solomiany Family Law and past chair of the American Bar Association Family Law Section.

He pointed out that judges have a variety of ways to investigate and monitor parties when there are claims of alcohol abuse.

“Judges also often appoint a guardian or someone as an arm of the court to investigate and have full access to the witnesses and the children,” he added.

Ricci filed for divorce from Heerdegen in July 2020 after their 2013 marriage. In January 2021, she obtained a domestic violence restraining order after accusing him of physical and emotional abuse, allegations his attorney said Heerdegen “unequivocally denies.”

“Once an emergency request is denied, the case doesn’t disappear, it just moves back into the normal custody process, where both sides have the opportunity to present evidence instead of litigating through headlines,” Amin explained. “Family courts are in the business of protecting children, not rewarding the parent with the most dramatic allegations.”