The former Gossip Girl star had reason to celebrate over America's Memorial Day weekend (23-25May15) after she was awarded temporary sole legal and physical custody of son Hermes, eight, and five-year-old daughter Helena, three years after another judge sent them to live with their German dad, Daniel Giersch, in Europe.

However, the actress' legal victory has since hit a snag - on Friday (29May15), Judge Maren E. Nelson put a stop to last week's (22May15) custody ruling after acknowledging papers submitted by Giersch's lawyer, Fahi Takesh Hallin, who argued only Monaco court officials could make such a decision because they now have jurisdiction over the children.

Hallin also alleges Rutherford, who flew to Monaco for a custody visit last week (ends22May15), made "fraudulent statements, and lied and made misrepresentations by omission" to gain the temporary custody order by accusing Giersch of preventing her from seeing the kids until she handed over their U.S. passports to "a neutral person" over his fears Hermes and Helena were kidnapping targets.

The matter is now set to be hashed out between judges in Los Angeles and Monaco during a conference call on 11 June (15).

Rutherford and Giersch split in 2008.