Andrew Toth/Getty ImagesAnd the custody battle between Kelly Rutherford and ex-husband Daniel Giersch continues.
On Thursday morning, a phone conference was held between the Los Angeles Superior Court and the Judge of the Monaco Court regarding jurisdiction over the former couple's ongoing legal dispute with regards to their two children.
The 46-year-old Gossip Girl alum and her ex, a 41-year-old German businessman, divorced in 2010 and initially shared custody of son Hermes, now 8, and daughter Helena, 5, both American-born. Since 2012, they have been living with their father in Europe.
Thursday's tele-conference was held in response to Giersch's previous filing, which accused his ex of "made fraudulent statements, and lied and made misrepresentations by omission" to obtain sole custody of their children in May—a decision which was quickly halted by a judge just two days later.
According to reports, Los Angeles Superior Court Judge Mark Juhas told attorneys for both Rutherford and Giersch that the two need to work out logistics for their children to spend the summer in L.A. until it is determined which court holds jurisdiction over the custody case.
"No decision has yet been made. After consulting with the Monaco Judge, and determining that the issues can be narrowed to the application of California law, the California Court has set this matter for an evidentiary hearing on July 9th and 10th," Rutherford's attorney David J. Glass said in a statement. "We believe strongly that the Monaco Court, which was improperly petitioned by Mr. Giersch, will ultimately recognize that its earlier actions in this matter have not substantially conformed with the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). We are also confident that once the California Court hears all the evidence, it will choose to continue to retain jurisdiction over the matter, and will order the children back to California. As Judge Juhas stated in his ruling on May 22, 2015, the children are only residents of the United States, and can never be citizens or residents elsewhere."
"My children were only two and five years old when they were sent to live in a foreign country," added Rutherford. "They were supposed to return after a temporary stay in France and Monaco, but more than two years is not temporary. I've flown back and forth over 70 times to be with our children. The children's father promised the California Court in 2012 that he would apply for a visa so he could be with the children here, but he has failed to do that. And since March of this year, he has prevented me from visiting our children at all. I hope this is finally coming to an end and my children will soon be coming home."
Giersch has yet to agree to the court's summertime custody recommendation.
"We are hopeful that Mr. Giersch will follow his counsel's and this Court's suggestions, and abide by the terms of the parties' Judgment, which provides not only 15 days each month for Kelly to be with the children in France, but also the majority of the Summers, to be spent in the United States," Glass said. "Unfortunately, so far, Mr. Giersch's attorneys have not confirmed his commitment to the Summer schedule."
"I can't imagine that the children won't be permitted to come to the United States as they've done for the past two summers..." Rutherford continued. "I am concerned that he [Giersch] will try to further prevent me from spending time with them."
Back in April, a federal court seemingly put an end to the battle in Giersch's favor last month, ruling that the children could remain in Europe. Following the ruling, Rutherford said she's "not giving up."
Rutherford's custody battle with Giersch began six years ago. The expense of her ongoing legal battles led the actress to file for bankruptcy in 2013.
—Reporting by Claudia Rosenbaum