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New York judge orders Kelly Rutherford to return kids to ex-husband in Monaco

Actress Kelly Rutherford has been ordered by a

Actress Kelly Rutherford has been ordered by a Manhattan judge to return children Hermes and Helena to her ex-husband in Monaco. Pictured: Rutherford with Helena in Manhattan on July 28, 2015. Credit: Getty Images / Astrid Stawiarz

Despite family courts in both New York and Los Angeles claiming they have no jurisdiction over the case, a Manhattan judge Tuesday ordered actress Kelly Rutherford to return her two children to her ex-husband abroad.

The children -- 8-year-old son Hermes and 6-year-old daughter Helena -- had been spending the summer with Rutherford, 46, who played the mother of Blake Lively's character on "Gossip Girl."

After ex-husband Daniel Giersch, 41, had his visa revoked in April 2012 during a criminal investigation into fraud and tax evasion, he won a court ruling ordering the children to live with him in Monaco, since he cannot travel to the United States.

The parents technically continued to have joint custody.

Following the family courts' rulings regarding jurisdiction, Rutherford on Friday announced she would not send Hermes and Helena back to Monaco.

"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," she said in a statement.

In response, Giersch's attorney, Fahi Takesh Hallin, filed a writ of habeas corpus Monday to demand the children's return to Monaco and accusing Rutherford of kidnapping. "Anyone associating themselves with Kelly and her abduction is violating the law," she said in a statement.

When Rutherford appeared in court Tuesday morning, reported People magazine, she did not bring the children as required, telling Judge Ellen Frances Gesmer she was shielding them from the "media circus" outside the courthouse and saying they were "close by, maybe 10 minutes away."

Gesmer replied that she did not "look kindly upon" this and ordered the children brought in. They arrived through a side door shortly before noon, People said.

After Gesmer ruled that the children be returned to Monaco, they left with Giersch's mother. Outside the courthouse, in a video posted by, a stunned Rutherford told the throng of paparazzi, "I have no words at this moment. No words."

The next hearing is scheduled for Sept. 3 in Monaco.


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