Kelly Rutherford was walking in tears after losing her two children, when the court ordered that her children must be returned to their father in Monaco.

Kelly Rutherford was crying outside the Supreme Court in Manhattan on Tuesday when the judge ordered that her children must return to their dad, Daniel Giersch.

The 'Gossip Girl' actress was walking in tears, as she left the courthouse with her legal team. When the group of reporters asked how's everything, Rutherford just said, "I have no words at this moment." Then headed towards her black SUV, Gossip Cop reports.

The actress has been in a bitter custody battle with her ex-husband Daniel Giersch in years. But Rutherford faces the consequences after she refuses to return Hermes, 8 and Helena, 6 to their father in Monaco last Thursday.

Rutherford announced that she's keeping the two kids after both California and New York courts ruled that they no longer have jurisdiction in the case.

Rutherford said in her statement, "No state in this country is currently protecting my children. It also means that no state in this country currently requires me to send the children away. Hence, I have decided that I cannot lawfully send my children away from the United States to live in a foreign country."

Rutherford was summoned to appear in court along with her children after a writ of habeas corpus filed by her ex-husband, Daniel Giersch, was signed by the New York Supreme Court.

Apparently, the actress disobeyed the court order, Rutherford appeared before the judge without the two kids. Judge Ellen Frances Gesmer told the actress, "she wasn't happy her orders were disobeyed, and said the kid had to fly back to their father."

Rutherford is due to appear in court in Monaco for the custody hearing on September 3.