Kelly Rutherford's Kids won't be flying back to their father Daniel Giersch in Monaco, according to a preliminary court ruling.

The Gossip Girl actress refused to send her children back to her ex-husband Daniel Giersch who holds the custody of their eight-year-old son Hermes and six-year-old daughter Helena. The children as per the court order should have boarded the plane to Germany on Friday, 7 Aug, 2015, according to People.

Will Kelly Rutherford's kids stay back with their mom?

"These past three years waiting for my children to come home have been very difficult. My children were forced to leave the United States in 2012 when they were only 2 and 5 years old," Rutherford said in a statement. "In May, a judge in California gave me sole custody and brought them home. I am immensely grateful and overjoyed to have them back. Since May, however, the court proceedings have been confusing."

The 46-year-old actress was all smiles when the children were allowed to visit their mom in United States for summer vacation on third day of July. However on July 23, the court again granted Giersch the custody of the children on account of which they were to board the plane on or before the 7th of August, reported Hollywood Life.

Rutherford appealed for her case to be heard in California and New York but they rejected because the issue don't come under their jurisdiction. The mother stated that this "means 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."

The mom of two added that her children will live in peace with her in the United States and that will put an end to the custody litigation as well. She also clarified that Giersch is free to visit the children and exercise parental privileges.