Kelly Rutherford Granted Temporary Sole Custody of Children

The "Gossip Girl" actress will travel to Monaco to bring her two kids back to the United States.
3:00 | 05/26/15

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Transcript for Kelly Rutherford Granted Temporary Sole Custody of Children
If you look 29, say you're 29. Up next, Kelly rut irrford's big victory. The gossip girl star is traveling to Monaco this week to get her kids back after a judge awarded her temporary custody. This morning, she's one step closer to finally getting her kids back. The latest twist in a painful six-year saga. On Friday, a California judge awarded her sole and legal temporary custody of her 8 and 5-year-olds. Since 2012, those children, Hermes and Helena, have been living with their father. His U.S. Visa was revoked. A judge ruled their children would live with him in Europe. She told us how painful that is. I told my son, I said, you know, mommy is still fighting for you. My children not only were they taken away. They were sent to a foreign country. I don't know how you even explain to someone what it feels like. Reporter: The 46-year-old mother says last Thursday she went to visit the kids. But giersch wouldn't allow it unless she handed over their passports. I know it's not right. Everyone knows it's not right. Reporter: Her attorney tell us ABC news she's grateful for the decision rendered by the California court sand look forward to reuniting with her children. Dan Abrams here now. It was unusual for the judge to award her the custody without giving the father a hearing? Really unusual. It tells you how serious this court thinks the violation is. She can't see the kids unless she turns over their passports? The court saying that's unacce unaccepta unacceptable. This is in addition to other things he's done to violate the court order. He was supposed to afpply for a Visa. It hasn't. Monaco now establishing the kids as residents of Monaco. They're supposed to remain U.S. Citizen children. I think there is a series of violations here that finally led the California court to say, wait a second. How about the fact that both parents should be able to see the kids? Absolutely. How is that going to happen. The end result is, how is it best going to happen that they can both see the kids. This is not over. It's been going on for some time. I'm sure the father will appeal. It will continue. She doesn't have the kids yet. He first has to get served with the California order. They have to inform him. Then they have the Monaco court. She's going over there. That doesn't mean she'll physically take custody. She was flp she's back in the United States. The kids ordered to come back to Los Angeles by June 15th for this hearing. Question will be, does he fight it? Monaco has its own order. If they say, we're not bide big the Los Angeles ruling, you have an international incident. I'm convinced the state department will step in 37 you have the California court unambiguous. Could they extradite him? They can't but they could take the kids. When it comes to permanent custody, somewhat the most likely outcome? June 15th is the time to have another discussion about this. But if he's confronted with this California order and he refuses to turn over the kids, I think that will be a further case for her in California. To say, he's not abiding by any of your rulings. That could hurt him when it comes to the permanent custody. If she were to get physical custody and this was a visitation, they would do what she's done before. She would make sure she was visiting with him in Canada, Mexico, bermuda, other places. Some place neutral. He has to apply for a U.S. Visa again. He hasn't done it. That was one of the fundamental requirements in the California court ruling. You have to try to get back in the country so the two of you can live with your U.S. Citizen children here. He hasn't even tried. What a case. Kids first.

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