Defiant Kelly Rutherford Appears in Court, Judge Sends Her Kids Back to Their Dad in Monaco

Kelly Rutherford's two young children are heading back to Monaco after a New York Supreme Court judge upheld a custody order.

A defiant Kelly Rutherford arrived at New York Supreme Court on Tuesday for the latest round of a heartbreaking tug-of-love over her children.

But a little more than two hours later, she left the court having been ordered to surrender the youngsters - eight-year-old son Hermes and six-year-old daughter Helena - to their father.

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The Gossip Girls star, 46, has been battling her ex-husband over custody of the children since they split in 2008. The youngsters live with their dad in Europe, but came to visit Rutherford for the summer.

When she refused to send the kids back to Europe, he accused her of abducting them.

Rutherford arrived without the children for the court hearing on Tuesday. The youngsters were later brought in a side door.

The judge told her that the children must be reunited with their father and they were believed to be on a private jet back to Monaco with their paternal grandmother on Tuesday.

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HLN’s Nancy Grace says Rutherford’s fight to keep the children in the U.S. is bound to cause problems next time she wants visitation.

“Think of it: a United States mother is having to fight this way to keep her own, two, biological children? It’s unheard of,” she said.

“I think there will be a grave issue when Kelly is allowed to have the children back. I don’t see the father handing them over to her willingly,” she said.

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