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Kelly Rutherford's ex-husband Daniel Giersch accuses her of 'child abduction and extortion' after she refuses to send children back to Monaco

By Caitlin O'toole For Dailymail.com and Zoe Nauman For Dailymail.com

Published: 00:12 EST, 10 August 2015 | Updated: 04:25 EST, 10 August 2015

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Kelly Rutherford's bitter custody battle has taken another ugly turn.

Rutherford's ex-husband Daniel Giersch has accused her of child abduction and extortion after she refused to return their two young children to him in Monaco.

'Daniel will continue to protect the children from any harm and any media exposure,' his lawyer Fahi Takesh Hallin said in a statement to E! News.

Bitter custody fight: Actress Kelly Rutherford's ex-husband has accused her of kidnapping after she refused to return their two young children to him in Monaco

'Unfortunately Kelly has now added child abduction to extortion and false statements on her list of actions.'

Rutherford was due to send Helena, six, and son Hermes, eight, back to the French principality on Thursday to be with their father, but refused and said she will keep them with her in the US.

Her ex-husband says taking the custody fight into her own hands will traumatize their children, and his lawyer has warned that anyone helping Rutherford is breaking the law.

'Daniel will make sure that the children's safety and well being will be restored as soon as possible,' said the German businessman's attorney.

'He is very concerned about the traumatic impact that Kelly's behavior will have on the children.'

'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,' he warned.

Staying with their mother: Kelly revealed on Friday she is not returning her children to Monaco -she is pictured here at the Annual Super Saturday event in Water Mill, NY, in July

The 46-year-old Rutherford, who lost her long and bitter custody battle which she fought in courts on the west and east coast last month, released a statement on Friday saying she has no plans to let her children leave her or the United States.

Her argument is that since both California and New York courts have washed their hands of the case, there is no US state that can legally enforce the custody order.

The actress said in a statement to People: 'These past three years waiting for my children to come home have been very difficult.

'My children were forced to leave the United states in 2012 when they were only two and five years old.'

Not returning: Her son Hermes, eight, and daughter Helena, six, were due to fly back to Monaco to be with their father Daniel Giersch (pictured here in 2007) on Thursday

The Gossip Girl star went on to detail what has happened with her court battles: 'In May, a judge in California gave me sole custody and brought them home.

'I am immensely grateful and overjoyed to have them back. Since May, however, the court proceedings have been confusing.'

Kelly was granted temporary sole custody of the children following a ruling they be brought back to the United States from Monaco, where they had been living with Daniel.

Both courts in California and New York ruled they did not have jurisdiction over her son and daughter in the past two weeks.

Kelly Rutherford emerges from court custody battle in July

The way they were: Kelly said that because two states refused to claim jurisdiction meant that no state in the US was protecting her children, meaning that no state required her to send them away - she is pictured here with her husband celebrating her son Hermes 2nd birthday at Gymboree in NY in 2008

Kelly added: 'The fact that neither state is claiming jurisdiction, means no state in this country is currently protecting my children.

'It also 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.'

Hermes and Helena originally moved to Monaco because a California judge gave Daniel and Kelly joint custody, but ordered the children to live with their father because he had had his US visa revoked.

However the State Department has said Daniel never reapplied for a visa.

Kelly, says she has flown backwards and forward to the French principality more than and estimated 70 times since 2012.

She went on: 'The Monaco courts treated me with respect when I appeared there earlier this year to file a formal objection to their jurisdiction.

'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.'

Decision: Hermes and Helena originally moved to Monaco because a California judge gave Daniel and Kelly joint custody, but ordered the children to live with their father because he had had his US visa revoked - the actress is pictured here at the Blushington NYC opening at La Parker Meridien Underground in July

She continued: 'I hope that this decision will end this painful litigation, and that my children will be allowed to live in peace in their own country.

'Like all German citizens, my ex-husband can presumably travel to the United States on his German passport and exercise his parental rights in this country, just as I have done for the past three years in France and Monaco on my US passport.

'I pray that officials in this country and in Monaco will agree that three years in exile is a very long time in a child's life, and that my children have a right to remain, once and for all, in the United States.'

The actress married her former partner in 2007, but filed for divorce in 2009, when she was three months pregnant with their daughter.

Kelly Rutherford bikes with daughter Helena around New York

Tough: Kelly says she has flown backwards and forward to the French principality more than and estimated 70 times since 2012 to see her son and daughter - she and Daniel are pictured together in 2006 at Harry Winston in Beverly Hills