Rutherford, who has had her children with her for only a couple of weeks, is adamantly refusing to return them to their father in Monaco, citing his machinations during the saga.
As reported by Us magazine, Rutherford's statement on the matter reads, in part:
"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."
Earlier this year, Rutherford appeared in court in Monaco to formally object to the country claiming jurisdiction over the state of children's custody. Having been away from them for three years, she now seems unmoved by an order to return them, and hopeful:
"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."