Kelly Rutherford has issued her first statement since a New York Supreme Court judge ordered her children to return to Monaco this week.
“What the judge did yesterday was shocking, illegal, and abusive to my children. Without any legal authority, the judge from the lowest ranking court in the state court system violated the highest ranking deferral constitutional rights of my American citizen children.
“Knowing she had no authority, Judge Gesmer seized my children and their U.S. passports, and forced them to leave the United States and reside in Monaco, a country neither they nor I, nor even their father, has citizenship.”
Hermes, 8, and Helena, 6, boarded a plane to Monaco with their paternal grandmother on Tuesday (Aug. 11) following the hearing. The children will finish their summer in Monaco with their father, Rutherford’s ex Daniel Giersch, before starting school there in September.
Rutherford appeared in court as per a writ of habeas corpus filed by Giersch and his legal team. Their kids were supposed to return to Monaco last week after spending the summer with the Gossip Girl actress in New York City. When Rutherford refused to fly them back, Giersch accused her of kidnapping their children.
Giersch, a German businessman, was not present in court on Tuesday due to longstanding U.S. visa issues. However, as Rutherford claims in her new statement, the visa was not the problem.
“The children’s father didn’t care enough about the children to be here himself,” she said. “Contrary to his many false claims, he, like all German citizens, can come to this country anytime on his German passport. But he didn’t bother.”
Rutherford is due in a Monaco court with Giersch on Sept. 3.
For more of Rutherford’s statement, head over to People.