The May 28 ruling came after lawyers for Rutherford's ex-husband, Daniel Giersch, filed documents showing that a Monaco court now has jurisdiction over the children, who have been living in Monaco with their father since 2012.
Giersch's attorneys argued that Rutherford was aware Monaco had jurisdiction over the case and withheld crucial information. A judge stated after giving Rutherford temporary custody on May 22 that he was concerned Giersch had violated a custody order.
Rutherford’s custody battle with her entrepreneur ex-husband has been going on for six years. The two divorced in 2009 when Rutherford was three months pregnant with Helena.
The two share joint custody of Hermes and Helena, but a judge ruled in 2012 they should live with their father in France. Rutherford fought the decision, but a second judge refused to overturn the court ruling. Now, her children reside in Monaco, and her ex is banned from returning to the US.