“Gossip Girl” actress Kelly Rutherford was ordered to bring her two children to Manhattan Supreme Court on Tuesday morning after she refused to return them to her ex-husband, new documents show.
A plane was waiting Aug. 6 to send Rutherford’s son, Hermes, 8, and daughter, Helena, 6, back to their father, Daniel Giersch, in Nice, France, a source told The Post.
But their mother, who had the children for their summer vacation, never brought them to the airport, the source said.
So the German businessman filed a writ of habeas corpus in Manhattan state court Monday. The writ requires Rutherford to produce her kids before a judge.
Giersch won custody of the two children in 2012.
His lawyer, Ira Garr, declined to comment on the proceeding.
The actress released a statement over the weekend that said, “I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.”
Her lawyer, Wendy Murphy, said Giersch made a deal with her client that the kids would live abroad with him only temporarily until he worked out US visa issues.
“Kelly and the children have been very patient with Mr. Giersch,” Murphy said.
“He should do the right thing, honor his agreement, and protect the children from the trauma of needless litigation,” she added.