Actress Kelly Rutherford Refuses to Send Her Children Back to Their Father in Europe

Daniel Giersch has accused the "Gossip Girl" actress of kidnapping and she is now ordered to appear in a New York court.
1:33 | 08/11/15

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Transcript for Actress Kelly Rutherford Refuses to Send Her Children Back to Their Father in Europe
Next tonight here, actress Kelly Rutherford, her husband accusing her of kidnapping after she refused to send her children back to their father in Europe. Tonight a court weighing in on her latest move. Here's ABC's linsey Davis. Reporter: Tonight Kelly Rutherford's ex-husband is calling her a kidnapper after she failed to send the children back to him in Monaco last Thursday. From the beginning I said I would fight for my children. Reporter: Rutherford played the mom on TV's gossip girl. Her personal drama began six years ago when she divorced her German businessman husband. He was banned from entering the U.S. A California judge ordered the kids to live with their father temporarily while he applied for a new Visa, something Rutherford says he hasn't done, telling me in April -- Are you more frustrated or angry or sad? I could sit here and tell you how often I cry not being able to take them to school, pick them up from school, dress them, smell them, hug them. Reporter: The kids were just two and five when they were ordered to live with their dad temporarily. Now six and eight years old, a Monaco court ruled the kids should spend several weeks of summer vacation with Rutherford before returning to her ex-husband. Now she's refusing to send them back. Just a short while ago she was ordered to appear in a New York court tomorrow with her two children. Her ex-husband's attorney saying he just wants his kids. Lindsey, thanks. When we come back here tonight, remembering a NASCAR great.

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

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