Kelly Rutherford must 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.
The 'Gossip Girl' actress must appear in court on Tuesday, after she refuses to send her kids back to her ex in Monaco on Friday.
Michael Stutman, head of the Mishcon de Reya New York, tells PEOPLE. "The writ of habeas corpus is a quick way to get the U.S. court to recognize the Monaco court order and to enforce it. My guess is that Mr. Giersch's papers in support of his petition were very compelling, and the odds are these kids are going back to Monaco tomorrow night."
The estranged couple has been battling over child custody, following their divorce in 2008.
The actress has been trying to move her children back in the US, since the California court released an order that the children will temporarily live with their father in Monaco because his visa is revoked and the kids will be with their mother in New York during summers.
But California and New York family courts no longer have jurisdiction on the case. Rutherford was supposed to bring back Hermes,8 and Helena, 6 in Europe on Thursday as Monaco court order, but instead she proclaimed that she's keeping the two kids on Friday.
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."
After the announcement, Giersch accused his former wife of kidnapping.
Giersch lawyer stated in the statement, "Anyone associating themselves with Kelly and her abduction is violating the law."
A New York family and divorce attorney, Nancy Chemtob said to People, if the actress failed to appear in court on Tuesday, a warrant could be serve for her arrest.
