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Kelly Rutherford's Custody Battle Isn't Over! Terrifying New Detail Emerges A Day After The Kids Are Sent Back To Monaco

| Filed under: Legal MattersSad SadScary!Celeb Kidz

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Could this case get any WORSE?!

On Wednesday, a very disturbing detail about the six year custody battle between Kelly Rutherford and Daniel Giersch came to light ONE DAY after the actress' kids were sent back to Monaco after spending a summer in NYC with their mama. The heartbreaking decision was made after the judge decided that the kids would be better off with their father while he sorts out visa issues, a complication that seems to be at a standstill.

[ Related: Kelly SLAMS Judge For Sending Her Children Back To Monaco! Read Her Seething Words HERE! ]

What makes the decision especially upsetting, besides the fact that Kel is a perfectly good mom and that the kids are U.S. citizens, is that Daniel might not have always been the most attentive parent.

According to a witness, the couple's daughter, Helena, almost DROWNED in Mr.Giersch's presence after accidentally falling into a pool in May of 2012. The source revealed:

"I saw that Helena had somehow fallen into the pool and was underwater. In a split second, I looked toward the man, whom I assumed was the children's father, and then around the pool to locate a staff member. No one seemed to have noticed Helena fall into the pool. There was no other sound other than the splash, since Helena was completely submerged at this point." ."

So scary! Luckily the insider in question, who testified about this incident in court, was able to jump in and save the barely three-year-old in time. The source added:

"I grabbed Helena and pulled her out of the water. Her eyes were huge with shock and fear. I was concerned that her mouth was closed; she was not gasping for air. I instinctively and firmly patted her in the middle of her back, which caused her to throw up quite a bit of water. Helena started whimpering, which relieved me, as I thought at least I knew she was breathing. As soon as the man Giersch saw me holding his daughter, who was still whimpering, he jumped over and ran to us. He appeared terrified and took Helena from my arms."

While we're sure this was just a terrible accident, it seems like the father of two should have been watching his kids more closely!

The insider elaborated:

"I think he was panicking. He asked me a lot of questions like how long she was underwater. I think because I was pregnant with a little girl, I was paying more attention to this little girl. She and her brother had little squirt bottles and were spraying the plants near the pool."

What's even more disturbing about this tale is that when the hero asked Daniel why Helena wasn't wearing floaties, he simply responded: "She doesn't like wearing them."

The source concluded:

"Mistakes happen, they can happen to anyone. But I can't imagine losing sight of such young kids like that. You take precautions. You have to be responsible."

Wow. So sad…we're just glad Helena is okay!

What do YOU think of this new development?

[Image via WENN.]

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