Kelly Rutherford is accused of kidnapping her two children, as she has refused to return them to her ex-husband.
Daniel Giersch, who currently resides in Monaco, was granted sole custody of Hermes, 8, and Helena, 6, in 2012. Three years later, Kelly Rutherford was granted temporary sole custody.
As the courts have not made a final decision, it is unclear who actually has legal custody of the children.
Per a visitation agreement, Hermes and Helena were flown to the United States to spend the summer with their mother. However, she was ordered to return the children to Monaco on August 7.
As reported by Us Magazine, Rutherford said she is unwilling to relinquish physical custody of the children to her ex-husband. She explained her decision in an official statement.
“In May, a judge in California gave me sole custody… I am immensely grateful and overjoyed to have them back. Since May, however, the court proceedings have been confusing.”
Through his attorney, Daniel Giersch suggests Kelly Rutherford kidnapped Hermes and Helena. In a statement, which was published by People, attorney Fahi Takesh Hallin discusses the alleged abduction.
“He is very concerned about the traumatic impact that Kelly’s behavior will have on the children… Child abduction is a crime, and everyone involved in kidnapping or abducting the children will face the appropriate legal consequences.”
In addition to kidnapping, Rutherford is accused of exposing the children to unnecessary media attention, extortion, and making false statements.
According to Kelly, the 2012 custody order was never meant to be permanent. In her statement, the actress said Giersch agreed the arrangement would be temporary and both children would “retain exclusive citizenship and residency in the United States.”
Although Giersch and his attorney believe Rutherford kidnapped Hermes and Helena, the actress believes the courts will rule in her favor.
“I believe Monaco appreciates why it cannot assert jurisdiction over my children, and that Monaco will respect my children’s right to reside in their own country… I pray that officials in this country and in Monaco will agree… my children have a right to remain, once and for all, in the United States.”
Kelly Rutherford is accused of kidnapping both of her children. However, she has not been formally charged with any crime. The actress insists she is simply trying to protect Hermes and Helena’s rights.
[Image via Astrid Stawiarz / Getty Images for Blushington]