Kelly Rutherford Ordered to Send Children Back to Monaco

Actress is scheduled to appear in Monaco court next month to work out custody arrangements.
1:49 | 08/12/15

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Transcript for Kelly Rutherford Ordered to Send Children Back to Monaco
This evening we have a major development in that international custody battle making global headlines. The well known actress, Kelly Rutherford in court today fighting to keep her two young children here in America. Late today the court sending them overseas to their father even though they're American citizens. Here's ABC's linsey Davis. Reporter: Fighting back tears -- I have no words at this moment, no words. Reporter: Gossip girl star Kelly Rutherford was forced to say a difficult goodbye today to her 8 and 6 year old son and daughter ordered to go back to Monaco immediately. A New York judge deciding they should continue to live with their father, German businessman Daniel giersch who accused Rutherford of kidnapping them when she disobeyed a Monaco court order by not sending them back to Europe last week. I think when you look at the totality of this case, it's a total miscarriage of justice. Reporter: Six years ago when Rutherford filed for divorce. She and giersch were supposed to share custody. But when giersch's U.S. Visa was revoked and he was expelled from the U.S., a California judge ruled the children, who were 2 and 5 at the time should live in Monaco with their dad temporarily while he reapplied for a Visa. He never did. I trusted their father that he would live up to his agreement that it would be temporary, and three years has not been temporary. Reporter: She argues this is a far cry from shared custody. Because he's allowed into united States, she was forced to go out of the country to visit her kids. It's been a legal hot potato on both sides of the atlantic. But today geirch's attorney says he's thrilled with the ruling. He's very excited to have his children back. Reporter: Because she did not abide by the terms of the agreement, there is a concern that it could mean less access to her kids in the future. The next court date is set for Monaco early next month, David. Very long battle. Lindsey, thank you. There's still much more

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

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