Kelly Rutherford had to send her kids back to Monaco after a child abduction accusation from ex-husband Daniel Giersch. 

As reported by People, a New York judge on Tuesday upheld the earlier agreement that the kids should go back to Monaco after spending summer with their mother. The two children were immediately taken by their paternal grandmother to the airport after the court appearance.

Prior to the decision, the actress did not bring her children to court but immediately rushed them in after the judge ordered her to do so.

As reported by Hollywood Life earlier, the "Gossip Girl" alum has put her custody battle at huge risk for choosing to disobey the court order.

"Kelly Rutherford has not done herself any favors," Mischon de Reya New York family group head Attorney Michael Stutman explained. "Kelly Rutherford's decision to not obey the court order could make it much easier for the father to win sole custody of the children."

Kelly Rutherford was supposed to return her kids to Monaco on Aug. 7 but decided otherwise as reported by Us Weekly.  She was immediately accused of child abduction by Giersch's camp but the actress did not back down.

"My first priority is to protect my children," she told "Good Morning America" on Monday as quoted by the source above. "Their safety is my priority. I'm a mother first, and from the beginning, I said I would fight for my children. I think most parents would."

She also talked to ABC News and revealed that "really alarming things" that her kids told her led her to decide to keep them in the US. The actress though did neither specify nor elaborate on what her kids told her.

Both New York and California courts have ruled that they have no jurisdiction over the custody battle case earlier this month. After the child abduction accusation against Kelly Rutherford though, E! Online reported that the Manhattan Supreme Court decided to discuss the issue after Giersch filed for writ of habeas corpus thus forcing the actress and her kids to appear on court.