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Gossip Girl star loses round in custody battle with ex

Gossip Girl star Kelly Rutherford was dealt a harsh blow by a judge in New York Supreme Court in her ongoing custody case with her ex-husband, Daniel Giersch. The judge ordered the children be sent back to Monaco this week to rejoin their father.

Rutherford has been battling Giersch over custody of their children, Hermes and Helena, now 8 and 6, for the past five years. Three years ago, the court ruled that the children could live temporarily in Monaco with their dad. However, a judge in California granted Rutherford sole custody of the kids in May, allowing them to spend this summer with their mother.

When Rutherford, 46, defied a court order by refusing to return them to Monaco last week, Giersch, 41, accused her of parental abduction. Rutherford issued a statement citing a lack of jurisdiction by the courts in New York and California as her reason for refusing to send the children back to Monaco.

Giersch then directed his attorneys to file a writ of habeas corpus in New York Supreme Court. The judge signed the order on Monday.

Despite being notified to appear with the children in court, she arrived without them, incurring the judge's wrath. Her attorneys argued that she was attempting to protect them from the "media circus," and they were only minutes away. They were brought into court and taken away to join their father in Monaco by their paternal grandmother.

According to PEOPLE, the children "were once more ordered to say goodbye to their mother in the courthouse." One New York attorney told the publication that Rutherford may now have less access to the kids, expressing doubts that she be permitted to leave Monaco with them, or perhaps "she won't be able to travel with the children except one at a time, always having to leave a kid behind."

A custody hearing is set in Monaco on Sept. 3.

Circumstances like these are every parent's worst nightmare in a disputed custody battle. Numerous family law attorneys may need to be retained to contest the court's rulings in various jurisdictions.

Source: Inquisitr, "Kelly Rutherford’s Children Ordered Back To Monaco Immediately; Leave Court With Paternal Grandmother," Jennifer Murray, Aug. 11, 2015

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