Kelly Rutherford Loses Kids Again as Judge Orders Their Immediate Return to Monaco

Kim Backs Kelly
Kim Kardashian signs a petition to support Kelly Rutherford's custody battle.
Kelly's Custody Battle Flashback
In 2012, Rutherford fought back tears as she spoke on 'The View' about her children.

Kelly Rutherford’s custody battle is far from over.

On Tuesday (Aug. 11, 2015) Rutherford appeared in court before a Manhattan Supreme Court judge and was ordered to return her two children — Hermes, 8, and Helena, 6 — to Monaco to live with their father Daniel Giersch. According to People, the judge became angry when Rutherford, 46, failed to bring her children to the hearing as originally ordered. Hermes and Helena later showed up just before 12 p.m. EST through a side entrance and subsequently left with their paternal grandmother for Europe.

The new ruling comes just days after Rutherford was accused by her ex for kidnapping their children, who spent the last two months summering in New York and were supposed to return to Monaco last week. Instead, the Gossip Girl actress announced her plans to keep Hermes and Helena in the U.S., where they were born. She also issued this statement on Friday (Aug. 7):

“I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.”

In response, Giersch and his legal team sent a letter to Rutherford, demanding that the children be sent back to Monaco immediately. On Monday, a judge also signed a writ of habeas corpus filed by Giersch.

Things looked positive for Rutherford in May when she was granted temporary sole custody of Hermes and Helena, who had been living with their father in Europe since 2012. Rutherford had previously been paying visits to her kids in Monaco as part of a court-mandated parenting plan and because Giersch’s work visa had been revoked in the U.S.

However, California and New York family courts ruled in June and July, respectively, that Rutherford no longer had the right to fight for custody of her children in the two states.

Rutherford and Giersch are due in court in Monaco in September.

[People]
[ABC News]