Kelly Rutherford is speaking out on why she refuses to send her kids back to their father in Monaco as ex-husband, Daniel Giersch, says the actress’s actions amount to child abduction, and he intends to seek a New York court’s help in getting the children back.
As the Inquisitr previously reported, Kelly Rutherford defied a court order by failing to return her children to her ex, Daniel Giersch, on August 7. In a Monday interview on Good Morning America, the Gossip Girl spoke out about why she refuses to send Hermes, 8, and Helena, 6, back to Monaco after the two spent the summer with her in the United States.
“From the beginning I have said I will fight for my children. It puts me as a parent in an odd place if no one is taking jurisdiction. How do you put your kids on a plane not knowing what is going to happen? My first priority is obviously to protect my children. It’s very hard for the kids and it’s been cruel in a way because we just want to see each other and be together and they are very young.”
According to ABC News, attorneys for Daniel Giersch say the Gossip Girl star’s refusal to return the children to their father amounts to child kidnapping. His legal team sent Rutherford a letter on Sunday night demanding the actress send the couple’s children back to Monaco immediately. Giersch’s attorneys say the necessary paperwork had already been prepared to ensure the children’s return to Monaco and was expected to be filed in New York County Supreme Court on Monday morning.
However, Kelly Rutherford’s attorney, Wendy Murphy, tells People that Daniel Giersch should “do the right thing and save the children from needless litigation.”
“It’s curious that the children’s father would make cruel threats and derogatory remarks rather than refusing to respond to the very simple statement we released last week explaining why the children are entitled to reside in their own country. He made an agreement with Kelly and the American courts in 2012 that the children would live abroad with him only temporarily while he resolved his U.S. work visa issues. He did nothing to address his visa problems, and three years is exceedingly not temporary.”
Chief legal analyst for ABC News, Dan Abrams, says although Kelly Rutherford’s refusal to return the children to their father is a “risky move,” the U.S. State Department will now likely get involved in the actress’s custody battle with Daniel Giersch.
“I called for them to get involved a while ago when [the kids] were in Monaco, saying they should bring the kids back. I think they are going to have to get involved. I think they are going to have to make an incredibly hard decision.”
[Image by Mike Coppola / Getty Images]