Kelly Rutherford Kids Custody Battle: Actress Still Fighting for Kids, Children on the Brink of a Breakdown?

Kelly Rutherford's custody battle with ex-husband Daniel Giersch is turning messier by the minute. The kids in the middle of the debacle, Hermes and Helena, were set to return back to their father in Monaco when Rutherford refused to let them fly back. Her reason? The kids were allegedly scared to go back home.

The actress told People that she and her children had a blast during the five weeks they were together. They spent the time horseback riding and painting, a nice way to spend their first solid five weeks together in six years.

Rutherford claims that her children told her right before heading back to the airport that they were "afraid" and they started to panic. This has been her main reason why she did not let them fly back to their father in Monaco on August 6. She was also reportedly afraid that she might not see her children again once they get on that plane.

Her ex-husband Giersch then accused Rutherford for kidnapping, and a New York judge ordered the actress to return her kids to their dad in Monaco on August 11. Rutherford claimed that her kids always ask her if she's doing everything to get them back, and she reportedly assured them that she is. She's set to go back to court all the way in Monaco on September 3 for the ongoing custody case.

MSNBC calls the custody battle a "nightmare." The report says that the situation is pretty common for most divorced families with children, and a final court ruling for it might be a little bit more complicated due to its international nature. Since Hermes and Helena are U.S. citizens, the custody battle could reportedly work to Rutherford's advantage, but at the same time, Giersch can still argue that the children have already grown accustomed to Monaco and don't have to move.

Seems like more complications are coming for this six-year long custody battle. Giersch and Rutherford married in 2007, then in 2009.

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