Rutherford violated the custody order by refusing to return the kids to Giersch after they spent a summer break with her in America, but she was ordered to give the youngsters up at a court hearing in New York earlier this month (Aug15).

“Gossip Girl” actress Kelly Rutherford is explaining her reason for going against the wishes of Daniel Giersch by keeping their kids Hermes, 8, and Helena, 6, in the U.S. longer than their intended 5-week stay.

Now, however, Rutherford’s access to her children could be further restricted.

“So why would Monaco want to restrain the children from living in their own country?”

Rutherford also put up a courageous face, telling the children that they were going to see their papa and that they were going with their Oma.

The attorney also points out the contradiction in treatment between Kelly’s children and non-US citizens.

Rutherford said that’s when she made a spontaneous decision to keep them in the U.S.

When his ex -wife failed to send the children home, their father Daniel Giersch accused the actress of abducting them and on August 11, a New York judge ordered the kids be turned over to their paternal grandmother who took them back to Monaco.

Giersch has a hearing in Monaco scheduled for September 3 to determine whether the court there has jurisdiction over the custody case.

If Hermes and Helena were actually “panicked” as Kelly said they were, any mother may feel like she did. It’s scary. My kids have been through a lot. You know, I talked to my lawyers, they were saying, this is concerning on many levels.

‘This whole time, what I’ve had to do is take an overall situation that’s so weird and try to keep my kids healthy.

Rutherford stated, “I hope this decision will end this painful litigation and that my children will be allowed to live in peace in their own country”. “I always tell them the day will never come when I say no”.

‘What the judge did yesterday was shocking, illegal, and abusive to my children, ‘ she said in a statement. “How on earth could a judge from the lowest ranking court in the State court system find it proper to grant American citizens less legal protections, in terms of the right to LIVE in the United States, than people who are not citizens and have no right to be here?” “It was done very civilly”, Garr commented.

So powerful! We know that Rutherford will NEVER stop fighting for her two little loves!!