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Kelly Rutherford Refuses To Send Her Kids Back To Daniel Giersch Despite A Court Order: 'Monaco Will Respect My Children's Right To Reside In Their Own Country'

| Filed under: Legal MattersSad SadFamilyControversyKelly Rutherford

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This just got very inneresting…

Kelly Rutherford is now refusing to send her kids back to ex-husband Daniel Giersch — by simply ignoring the court order from his country of Monaco that had compelled her to return them!

The kids spent the summer with Kelly in the States, but were supposed to go back to Monaco this fall based on a legal order from the country, where Giersch makes his home.

[ Related: Kelly May Have Lost The Court Battle In Her Child Custody Case, But That Was Exactly What She Wanted All Along! ]

But now Kelly has asserted Monaco's laws don't have jurisdiction in the United States, and she doesn't have to send her children away, as she's worried she'll never see them again.

In a statement, Kelly cited that two courts in California and New York have already noted they don't have jurisdiction in her custody battle:

"It means that no state in this country currently requires me to send the children away. Hence, I have decided that I cannot lawfully send my children away from the United States to live in a foreign country. I believe Monaco appreciates why it cannot assert jurisdiction over my children, and that Monaco will respect my children's right to reside in their own country."

It's a clever legal maneuver, but we'll see if it actually works.

Either way, it's heartbreaking to think of Kelly not being able to see her kids any more, so it's hard to fault a parent for trying to do whatever they can to remain in the lives of their children.

[Image via Rob Rich/WENN.]

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