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Kelly Rutherford & Her Ex-Husband Battle It Out Over Custody Of Their Kids With Accusations Of 'Child Abduction' And 'A Different Agenda'!

| Filed under: Legal MattersGossip GirlFamilyCeleb KidzControversyKelly Rutherford

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And the saga continues…

As we reported, Kelly Rutherford is refusing to send her children back to ex-husband Daniel Giersch in Monaco.

The Gossip Girl actress is simply ignoring the court order from his country that mandates them to return.

Well now the German businessman is fighting back.

In a statement released by him and his lawyer, Fahi Takesh Hallin, they have already prepared:

"papers to compel the return of the children to their father and are ready to file this application… in Supreme Court, New York County."

Additionally, his counsel says:

"We would prefer not to be compelled to do so as our client is seeking to minimize any harm that may befall the children by virtue of their being placed in the middle of another acrimonious court proceeding."

The thespian believes that because two courts — in California and New York — have already noted they don't have jurisdiction in her custody battle, she is not legally required to send back her children.

And according to a new statement, provided by his lawyer:

"Daniel will continue to protect the children from any harm and any media exposure. Unfortunately Kelly has now added child abduction to extortion and false statements on her list of actions. Daniel will make sure that the children's safety and well being will be restored as soon as possible. He is very concerned about the traumatic impact that Kelly's behavior will have on the children. Kelly was to have delivered the children in France to their father on August 7, 2015. Child abduction is a crime, and everyone involved in kidnapping or abducting the children will face the appropriate legal consequences. Anyone associating themselves with Kelly and her abduction is violating the law."

This is all turning so ugly. But Kelly isn't keeping mum either!

Monday morning, she revealed on Good Morning America:

"It's been very hard for the kids and I, it's been kind of cruel, in a way, because we just want to see each other and be together, and they're very young. It put me as a parent in an odd place, because if nobody's taking jurisdiction, how do you put your children on a plane to a foreign country not knowing what's going to happen?"

And in a statement, her attorney, Wendy Murphy, fired back at Daniel urging him "do the right thing" in order to "protect the children from the trauma of needless litigation."

She continued on behalf of Kelly, stating:

"It's curious that the children's father would make cruel threats and derogatory remarks rather than refusing to respond to the very simple statement we released last week explaining why the children are entitled to reside in their own country. Mr. Giersch made an agreement with Kelly and the American courts in 2012 that the children would live abroad with him only temporarily while he resolved his U.S. work visa issues. He did nothing to address his visa problems, and three years is exceedingly not temporary. Instead of complying with his 2012 agreement, Giersch filed for sole custody in Monaco at the end of 2014 (no decision yet.) He also refused to let Kelly see the children when she flew to Monaco for a visit this year unless she surrendered the children's U.S. passports, which no court had ordered her to do. Mr. Giersch purports to be interested in co-parenting but his actions belie a different agenda."

Oh boy.

We just hope this bitter legal drama comes to an end for the kids' sake.

Thoughts???

[Image via WENN.]

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