Transcript for Judge Rules in Kelly Rutherford's Custody Battle
on that devastating defeat for Kelly Rutherford in her bitter custody battle. A judge ruled she can only visit her kids in Monaco or France. Rutherford is not done fighting. Thank you. Reporter: Kelly Rutherford has been banned from bringing her kids home to the united States. It's a crushing blow in her highly publicized custody battle for her two children with ex-husband Daniel giersch who's lived with their children in Monaco and France since 2012. According to court documents a Monaco judge ruled Tuesday the habitual residence of the minor children is fixed at the residence of giersch while Rutherford can visit her children exclusively in France and Monaco. No words at this moment. Reporter: In August a new York judge ruled they be returned to her father after Rutherford disobeyed a Monaco court order to send them back to Europe as part of a custody agreement. We spoke to her days after. This was the first five weeks I've had with my kids straight in six years. Reporter: Rutherford and her lawyer maintained the children were only supposed to live in Europe temporarily while their father worked to acquire a current Visa. For three years he did nothing. He violated his agreement. No American court seems to give a damn. Where she lived with the children in New York and California relinquished to courts in Monaco. Dan Abrams is back right now. You've been following this case for years. Is this it? She's going to appeal in Monaco but has an uphill battle. Don't blame Monaco on this. This is California's fault. 2012, 2013 they said we'll send them to Monaco temporarily because his Visa was revoked. We want him to have access to the kids. Don't worry, we're retaining jurisdiction and put all sorts of rules and regulations about what's going to happen. He will have to try to get a Visa to come back here and it's all going to happen back in the United States. A couple years later they go back to California. Kelly Rutherford says he's not following the rules and California court says, you know what, kids don't live here anymore. You don't live here anymore. The father doesn't live here anymore so -- Perfectly predictable. California courts set this up. So, so the bottom line is don't blame Monaco because for Monaco's perspective the kids had been living there for two or three years. Did anything she did make it worse for her? Well, yeah, there's no question the Monaco court is using against her the fact that the last time the kids came to the United States, she announced that she wasn't going to send them back. Why? Because she said, look, if the New York court doesn't have jurisdiction and the California court doesn't have jurisdiction I'll keep the kids here. A New York court hauled her into court and showed up with the kids nearby and she sent the kids back. This is the whole claim she kidnapped the kids. She made an announcement that she was reluctant to send the kids back. A court said send the kids back. She sends the kids back and now it seems they may never be able to come back until they are adults. They're so much older and know what's going on. That fundamentally changes things in cases like this.
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