Kelly Rutherford Defies Court Order to Keep Children in US

The "Gossip Girl" actress has been locked in a lengthy custody battle with her ex over the custody of her two children.
5:34 | 08/10/15

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Transcript for Kelly Rutherford Defies Court Order to Keep Children in US
Time for the heat index. Something we have been talking about. That major development. Kelly ruterford's bitter custody battle. Accused of kidnapping by her ex-husband defying a court order to send her kids back to him. She's speaking out to ABC news exclusively. First, linsey Davis with the story. Reporter: "Gossip girl" star Kelly Rutherford's toughest role yet. My first priority is to protect my children. Reporter: Lawyers for her ex-husband accusing her of abduction, as she defies a court order to send her kids back to Monaco. I'm a mother first. From the beginning, I said I would fight for my children. I think most parents wod. Reporter: Back in June, her six-year, in and out of court personal drama got a bit of a reprieve when a Monaco court said the kids should spend several weeks of summer vacation with Rutherford before returning to her ex-husband. Children need the love of both parents. They need the love of a present parent. Someone that's there. I think they need both of us. Reporter: She's reunited with them in June. When they returned from Europe where they had been since 2012. On Thursday, she failed to send them back. Giersch has filed for sole custody. It's hard for the kids and I. It's been kind of cruel in a way. Um, because -- you know, we just want to see each other and be together. They're very young. Reporter: His lawyers e-mailing Rutherford on Sunday saying, this children were to have been returned by August 7th. And demanding that she confirm she'll have them on a plane to France tonight and returned to their father. It put many as a parent in an odd place, right? Because if nobody is taking jurisdiction, how do you put your children on a plane to a foreign country not knowing what is going to happen? Reporter: When she filed for divorce in 2009, she and giersch were to share custody. When his U.S. Visa was revoked, a judge ruled they should lye in Monaco with their father temporarily. What she's doing is respecting that court said in 2012. Their American citizens. They have a right to live in their own country. Reporter: Rutherford says right before they were supposed to go back to Monaco, her son and daughter told her alarming things that made her worry about their safety if she were to send them back. She would not say what they were. Her ex-husband's lawyers say as early as today, they plan to fire paperwork to compel the children's return to their father in Monaco. Here chief legal analyst Dan Abrams. We have been talking about this for the last few xwreerps how about Kelly's latest move? This is a risky move by Kelly Rutherford. Why? You can understand her position. Gnat a California court, the same California court that sent her kids to Europe is now saying, you know what? We don't have jurisdiction. Meaning we can't enforce the things we required him to do. If they're not going to force him to do the things they said he was supposed to do, because they're saying it's not our case anymore, why should she abide by it either? The New York court saying it doubt have jurisdiction. Her position is, who is supposed to be telling me that the kids are supposed to be in Europe any way. On the other hand, the risk is that the Monaco court will step in and say we want our order enforced. It ends up in the and thhands of the state department. This is so messy. No U.S. Court jurisdiction. Correct. None. I blame the California court for this. We should have been able to foresee this at the outset. Saying, oh, let's send these kids temporarily. They're U.S. Citizens. They're going to stay U.S. Citizens. It's just for awhile until he gets his Visa. Of course that's not what happened. The kids have been in Monaco for years. Kelly Rutherford's position is when does that send if the courts are saying we don't have jurisdiction here, then her position is these are U.S. Citizens. The presumption should be they stay here. The danger is that the Monaco court gets upset, which it probably will. That they then go to the U.S. Government and say, you have to enforce our order. What are the chances that the U.S. State department will get involved? I think they have to get involved. I call for them to get involved when the kids were in Monaco. I think they have to get involved. Make an incredibly hard decision. It's a tough, tough to know what the state department will do. I think they should do the right thing, which, in my view, is to leave U.S. Citizen kids in the United States. We'll see what happens. I think it's a good thing that the state department is finally being forced to address this as opposed to everyone wants to say, this isn't our problem. This is not our problem. And the children are now 8 and 6. They know what's going on. They have a sense of what's going on. It's time to get it resolved. This is a bold move. Thank you, Dan. Incredible.

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

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