Kelly Rutherford in Court Over Kidnapping Charges

The "Gossip Girl" star to face judge in ongoing custody battle.
2:16 | 08/11/15

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Transcript for Kelly Rutherford in Court Over Kidnapping Charges
The latest twist in Kelly Rutherford's bitter custody battle. The gossip girl star and her children have been ordered to face a judge this morning. Their father fighting to get them back in Monaco. ABC's linsey Davis is here with the latest. Good morning, linsey. Reporter: Rutherford was supposed to fly her children Hermes and Helena back on Thursday. Instead she announced she intends to keep the kids. This morning, they could be on a plane to Monaco as early as tonight. This morning, Rutherford's ex-husband is calling her a kidnapper. The star now ordered to appear in court this morning with her two kids after she failed to send them back to their father in Monaco on Tuesday. My priority is their safety and well-being. As their mother that's what's what I'm going to continue to fight for. Reporter: Six years when Rutherford filed for divorce, they were supposed to share custody. One his Visa was revoked, the judge ruled the son and daughter should reside in Monaco with their father temporarily. I trusted their father that he would live up to his agreement that it would be temporary and three years it has not been temporary. Reporter: Back in June, Monaco court ruled that the kids should several weeks of the summer vacation with Rutherford before returning to ex-husband, which Rutherford refuses to do. It's very hard for the kids. It's been kind of cruel in a way, because you know we just want to see each other and be together. They're very young. Reporter: In response, she's invoking emergency jurisdiction, asking a judge to asked Rutherford to return the children. Because the United States and Monaco are both part of an international agreement to protect the best of interest of children, that means American judges must respect Monaco's court order and now her failure to comply with the agreement could mean less access to her kids in the future. All right, again, in court today, we'll learn more. Thank you linsey. Now the wildfires in Arizona

This transcript has been automatically generated and may not be 100% accurate.

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