Late on Friday, actress Kelly Rutherford refused to send her two children back to Monaco as scheduled and as is stipulated under court order in her custody case. Her two children, Hermes, 8, and Helena, 6, have lived in Monaco with their father and grandparents since 2012, when a California court made the decision to allow the children to relocate or risk not having a relationship with their father. (In the custody ruling, the judge referenced the fact that Kelly’s lawyer got Daniel deported.)

Multiple US courts have ruled that they no longer have jurisdiction or cannot exert jurisdiction over this case. This case was also rejected at the federal level and is expected to be taken over by Monaco following a scheduled hearing in September. In an arrogant, self-serving and incredibly tone deaf statement defending her actions, Kelly claimed that she should be able to keep the kids with her despite all the court rulings otherwise. Here’s Kelly’s statement:

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 2 and 5 years old. 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.

My ex-husband recently filed for sole custody in Monaco after causing my children to be declared ‘habitual residents’ there, even though he agreed with California in 2012 that the children’s time in France and Monaco would be temporary, and that the children would retain exclusive citizenship and residency in the United States. I trusted my ex-husband’s agreement, and cannot now send them away in light of the legal actions taken in Monaco in violation of that agreement by my ex-husband.

The Monaco court 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. 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.

[From US Magazine]

So Kelly claims that she can ignore all the court rulings because they were “confusing” the minute they were no longer in her favor. She’s also trying to claim that Monaco shouldn’t have jurisdiction over her case and that having Monaco exert jurisdiction would be in “violation” of the agreement she had with her ex. Nevermind all the legal wrangling that led to this, none of that matters because she claims that her ex is violating the original agreement, and she’s the only one who can enforce it.

In the original 2012 custody ruling, the judge stated that she wasn’t overly concerned that a French court might gain jurisdiction over this case:

Even if the French Court were to take up the case if Daniel violated this Court’s orders and sought to change the order and judgment, there is no evidence under the facts and rulings in this case that the French Court would not enforce this U.S. order or judgment since there is nothing in this order that would violate the stated public policy of French law which promotes the best interests of the children and the “paramount concern” that “both parents have access to the child and that the relationship between the child and each parent is respected.”

[From PDF of court ruling on E!]

It’s incredibly narcissistic and horrible that Kelly has kidnapped her children, but this could be the way that Daniel obtains sole custody. She’s shown repeatedly that she will never willingly coparent and that she does not have her children’s best interests at heart. She wants to win and her children are pawns in this game she’s playing. It’s hard to see how any judge would find in Kelly’s favor now that she’s kidnapped her own kids.

In a statement to E! Online, Daniel’s lawyer pointed out that Kelly has abducted the children:

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.

[From E! Online]

That was super reserved, but this guy has known his ex is batsh*t for years and he’s still facilitated a relationship between her and their kids. I don’t think she deserves much more than carefully supervised visits at this point, if that. I’m just really worried that she’ll go underground or try to leave the country with them. Remember how she refused to hand over their passports and made a big stink about it? Is this going to turn into an Elian Gonzales rescue situation and traumatize these poor kids even further? Federal agents should just hang out at swag suites in the Hamptons and wait for a woman and two kids dressed all in white to show up. I jest, but I hope this gets resolved with little impact on the children. I hope she doesn’t pull any more moves that will further jeopardize her children’s mental health and safety. This must be scary and so unsettling for them.

photo credit: Getty and FameFlynet