Kelly Rutherford’s children were on their way back to Daniel Giersch Tuesday after a New York Supreme Court judge ordered their return to Monaco.
As People reports, Rutherford appeared in court Tuesday morning to face the consequences of her failure to return the children, Hermes, 8, and Helena, 6, to ex-husband Daniel Giersch late last week. Following her refusal to send the children back, Giersch, through his attorneys, accused the actress of child kidnapping and filed a writ of habeas corpus with the New York Supreme Court, which the judge signed Monday.
As the Inquisitr previously reported, Kelly Rutherford received a notification on Monday that she was to appear in court this morning and bring the children with her. However, according to TMZ, the Gossip Girl star showed up to court without the children in tow, angering Judge Ellen Frances Gesmer. Rutherford’s legal team argued the children were a mere 10 minutes away and were not present in order to avoid the “media circus.” The children were later brought into the courtroom through a side entrance.
Daniel Giersch’s mother was in the courtroom, and according to his attorneys, she was there to look after the children during the hearing. People reports the paternal grandmother is flying with the children back to Monaco.
“Ultimately, Helena and Hermes were once more ordered to say goodbye to their mother in the courthouse and left with their grandmother in route to Monaco.”
Kelly Rutherford, 46, and Daniel Giersch, 41, have been locked in a contentious custody battle since 2010. In 2012, a judge ordered that the children live with their father in Monaco temporarily. In May of this year, a California judge granted sole custody to Rutherford and the children spent the summer with her. Late last week, the Gossip Girl star failed to send the children back to Monaco, defying a court order. In a statement released by Rutherford over the weekend, the actress cited lack of jurisdiction by both California and New York as being the reason she was not returning the kids to their father.
Michael Stutman, an attorney with Mischon de Reya New York, tells People that due to Kelly Rutherford’s recent actions, she could find herself with less access to her children.
“I would be surprised if she was allowed to take the children out of Monaco again without some level of security. Maybe she won’t be able to travel with the children except one at a time, always having to leave a kid behind.”
A hearing regarding custody is scheduled for September 3 in Monaco.
[Image by Kris Connor/Getty Images]