Superior Court Judge Mark Juhas made the remarks after a phone conference with a Monaco judge that aimed to determine which court has jurisdiction.
The summertime visit by Rutherford's children, Hermes, 8, and Helena, 5, will happen as indicated in a 2013 custody order issued in Los Angeles.
Fahi Takesh Hallin, an attorney for Giersch, told Judge Juhas that her client had no problem with the children spending the summer with the actress.
"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 wrote in a statement after the hearing. "But, so far, their father has not kept up his side of the deal, and I am concerned that he will try to further prevent me from spending time with them."
Rutherford has spent most of the last three years trying to bring her children home. After today’s hearing, Rutherford described herself as “guardedly optimistic,” saying, “My children were only 2 and 5 years old when they were sent to live in a foreign country. They were supposed to return after a temporary stay in France and Monaco, but more than two years is not temporary.”
She added, “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.”
Rutherford’s protracted custody battle with her entrepreneur ex has been going on for six years. The two divorced in 2009 when Rutherford was three months pregnant with Helena.