Kelly Rutherford Loses Her Kids, Ordered to Send Them Back to Monaco With Ex-Husband

Kelly Rutherford and her children on the red carpet
Kelly Rutherford was ordered to return her two children to Monaco to live with their father Eugene Gologursky/Getty Images

After years of drama and legal struggles, Kelly Rutherford was ordered by a Manhattan judge on Tuesday, Aug. 11, to return her two children to Monaco. A source tells Us Weekly that the Gossip Girl actress, 46, was forced to say goodybe to son Hermes, 8, and daughter Helena, 6 — who left for the airport with their paternal grandmother shortly after the decision. 

The Gossip Girl actress, 46, has been facing off against her ex-husband Daniel Giersch, fighting for custody of the couple's son and daughter. Rutherford split from the German businessman in December 2008, a little more than two years after they tied the knot in August 2006.

In the years since Rutherford filed for divorce, the custody of the children has been murky and the battle has since turned ugly. The actress has been fighting to keep her children with her in the United States, while Giersch labeled her actions as "child abduction" after a Monaco court ruled that the two kids should be brought back to their father's European home. 

Rutherford and Giersch's legal teams appeared at the Manhattan Supreme Court on Tuesday morning. The drama just continued inside of the courthouse. 

An insider tells Us that Rutherford arrived late to court and chose not to bring the children with her, much to the judge's dismay. An attorney for the actress specified that Hermes and Helena were being kept close by as the proceedings took place. 

Rutherford's decision went against the judge's orders, however, as she asked the star to "produce" Hermes and Helena in court. According to an observer, the judge said in court that she "doesn't look kindly on the fact that [Rutherford] didn't produce the children."

For access to all our exclusive celebrity videos and interviews – Subscribe on YouTube!