While Rutherford has been gaining support from her friends and fellow celebs, her ex is firing back against the former Gossip Girl star.
Giersch’s attorney Fahi Takesh Hallin released a statement to ET on Thursday addressing the conflict, and Rutherford's recent We The People petition, asking the U.S. government to step in and have her children returned to the States.
“Daniel's goal is to continue to protect these children and shield them from any media exposure, which is against court order,” Hallin’s statement reads. “We are taking Kelly's statements to the media very seriously. Her statement that anyone who brings the parties' children back to the United States in violation of the custody orders would be considered an American hero, is not only false as this would be an illegal and criminal act, but it creates a very real and present risk for the children's safety.”
The former couple’s children have been living with Giersch in Monaco since 2012 after a California judge ruled that the kids should live with their father overseas. Giersch has been unable to enter the U.S. due to a revocation of his work visa.
According to Hallin’s statement, it appears Giersch and his legal counsel are worried that Rutherford’s campaign to have her children returned to America presents a possible kidnapping risk.
“Kelly's statement that Daniel was deported from the US is false and should not be used to entice danger to the parties' children,” the statement continues. “Daniel has taken and will continue to take all necessary security measures to ensure that the children are not wrongfully removed from Europe and remain safe, healthy, happy and protected from any such threats to their safety and well-being.”
Rutherford’s petition, which she began in April, recently received the 100,000 signatures required for the White House to review and respond to her request.
A source close to Rutherford tells ET that the actress recently flew to France to see her children, but when she arrived at their school found that Giersch had taken them out early, and is allegedly refusing to let her see them.
ET has reached out to Rutherford for comment on the latest development.
Earlier this month, Rutherford sat down with ET where she opened up about the protracted custody battle, and admitted that the fight for her children has cost her over $2.5 million, which Rutherford says is “everything I've ever made.”
Check out the video below for a look at Rutherford’s emotional ET interview.