Rutherford hands kids to paternal grandmother

The “Gossip Girl” actress’ children Hermes, eight, and Helena, six, had been staying with her in New York over the summer holidays and although she claims she was awarded sole custody of them earlier this year, she was today (11.08.15) forced to say goodbye to them in court before they were returned to their father, Kelly’s ex-husband Daniel Giersch.

Rutherford failed on Friday to allow Hermes, 8, and Helena, 6, to return to their father, Daniel Giersch, in Monaco. “My children ask me all the time if I am still fighting for them, and I always tell them the day will never come when I say ‘no'”.

Rutherford said the New York State Supreme Court Judge Ellen Gesmer “effectively arrested my children” by ordering them to separate from their mother.

Kelly Rutherford with her children on July 25, 2015. Gesmer had ordered Rutherford present the children in court, but Kelly decided not to to prevent them from being attacked by the “media circus”, which further upset the judge.

He claimed she was refusing to turn over the children’s passports.

And a statement released by a representative for Giersch read: ‘We are pleased that the American judicial system has prevailed.

“This case is simple”, she tells Us.

She insists the ruling violates the Constitution because the children are U.S. citizens. The former couple originally agreed to share custody of their children, but after Giersch was refused re-entry into the United States, due to his U.S. visa having been revoked, a judge ordered the children should live with him in France. They easily transitioned to their grandmother, who they love very much. “Ms. Rutherford said, ‘Oh, you’re going to see Papa, and you’re going to go with Oma.’ And the kids seemed fine”.

In the final portion of her statement, Rutherford vowed that the battle for her kids will proceed. “She has to live with herself, and if she has a conscience, I suspect she will not sleep well, ever again”. “In addition, his stance of promoting Kelly’s time with the children has not changed”. “I will continue to fight for my children, and one day I will land in the courtroom of a decent judge”.

The distraught mom-of-two would now have her hopes tied with the next court hearing, which is scheduled to take place in Monaco in September.