Rutherford appeared before a New York Supreme Court judge on Tuesday after refusing to comply with her court-ordered arrangement with her ex-husband Daniel Giersch to fly their two children to Monaco on Friday.
"Basically nothing has changed. The court order in California that was then entered in Monaco remains consistent, the children primarily reside with Mr. Giersch in Monaco," Giersch's attorney Ira Garr told reporters. "Rutherford is free to visit anytime she wants and she has certain specified times under the agreement, but she had indicated at one point that she would like to come at the end of the summer so they can take the children to school together. He has been perfectly accommodating to whatever request she has made. He just wanted to make sure the children were coming back as they were supposed to."
After the hearing, Rutherford said goodbye to son Hermes, 8, and daughter Helena, 6, in the courthouse and the children left with Geirsch's mother to return to Monaco.
This is only the latest development in Rutherford and Giersch's ongoing custody battle, which began when the Gossip Girl star filed for divorce in 2008. In 2012, a California judge ordered the children to live with Giersch in Monaco, but allowed the children to live with Rutherford in New York in the summers. However, earlier this summer, California and New York family courts ruled they don't have jurisdiction over the case. Rutherford, who has been fighting for her children to move back to America, took the ruling as a free pass to disobey the court order to return Hermes and Helena 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," Rutherford said in a statement.
Giersch then accused Rutherford of kidnapping the children and threatened legal action. "Child abduction is a crime, and everyone involved in kidnapping or abducting the children will face the appropriate legal consequences. Anyone associating themselves with Kelly and her abduction is violating the law," Giersch's lawyer Faji Takesh Hallin said in a statement on Monday.