Kelly Rutherford has been ordered to send her children back to their father, her ex-husband Daniel Giersch, in Monaco.
On Tuesday, the actress was told she will have to send her children – son, Hermes, eight, and daughter, Helena, six, to France.
The judge ruled that Giersch can keep the children in Monaco while he tries to sort out his issues with residing in the US.
A custody hearing has been set for September 3 in Monaco.
Giersch was not in court because his visa was revoked, but his mother was present and took the children to the airport after the ruling to return to France.
Rutherford was ordered to have her children present when she appeared in Manhattan Supreme Court today.
Kelly’s lawyer told Judge Ellen Frances Gesmer that the children were ‘close by, maybe 10 minutes away’, when they entered the court without them.
The actress’ attorney explained that she did not have Hermes and Helena with her when she arrived at the courthouse in order to avoid the ‘media circus’ outside.
The judge was not impressed with Kelly’s decision to go against the court orders, telling her she did not “look kindly upon” her decision.
Hermes and Helena were then brought into the courthouse through a side entrance shortly before noon.
The latest ruling comes after the 46-year-old actress’ ex accused her of ‘child abduction and extortion’.
His attorney said, “Daniel will continue to protect the children from any harm and any media exposure. Unfortunately Kelly has now added child abduction to extortion and false statements on her list of actions. Daniel will make sure that the children’s safety and well being will be restored as soon as possible.”
Kelly defiantly stated she did not plan to send her children back to Monaco over the weekend.
She stated, “In May, a judge in California gave me sole custody and brought them home. I am immensely grateful and overjoyed to have them back. Since May, however, the court proceedings have been confusing.
“No state in this country is currently protecting my children. It also means that no state in this country currently requires me to send the children away. Hence, I have decided that I cannot lawfully send my children away from the United States to live in a foreign country”.
In 2012, the California Superior Court who made the 2012 ruling that the parents should maintain joint custody of the children.
The court decided that as Giersch is unable to travel to America, Helena and Hermes should live in France with him, with their mother travelling to visit them.
Kelly has been trying to win sole custody of the children ever since and filed for bankruptcy in 2013, claiming she had spent $1.5 million in her custody battle and from flying overseas to see her children.
Kelly married Giersch in 2006 while pregnant with her sons Hermes, filing for divorce in 2008 while pregnant with Helena.
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