The Gossip Girl star was supposed to fly her two children - Hermes and Helena - back to Monaco on Thursday (06Aug15) to be their father, her ex-husband, German businessman Daniel Giersch.

A previous court order issued in Monaco stated that Rutherford could have the children at her New York home during the summer, but had to send them back on Thursday (06Aug15).

However, on Friday (07Aug15) she refused, and released a statement claiming that no court has jurisdiction over her children, so she has decided to keep them in the U.S., violating the agreement.

The star was accused of "child abduction" in a statement released by Giersch's attorney Fahi Takesh Hallin on Saturday (08Aug15), adding, "Daniel will make sure that the children's safety and well being will be restored as soon as possible."

However, Rutherford has now issued another statement, claiming that it was Giersch who initially violated their custody agreement, saying, "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."

Rutherford is trying to get her case heard again in the U.S. after she was awarded temporary sole custody of her children by a Californian court in May (15). However, she was dealt a blow as courts in California and New York ruled in late July (15) that they no longer had no jurisdiction over the case.

The actress, who married Giersch in 2006, filed for divorced in 2009 while three months pregnant with Helena.