AceShowbiz -

Kelly Rutherford can't bring her two children back to the United States yet. Judge Maren E. Nelson of Los Angeles Family Law Court decided to halt the former "Gossip Girl" star's custody order on Friday, May 29 after her ex-husband Daniel Giersch submitted documents alleging her of making "fraudulent statements."

In the documents that were filed last week, an attorney for Giersch, Fahi Takesh Hallin, argued that Monaco court had jurisdiction over the children. He further accused the actress of making wrong statements, lying and making "misrepresentations by ommision" to gain temporary custody.

Rutherford, meanwhile, claimed that Giersch was preventing her from seeing their children, which he denied, and that he violated the terms of their 2013 shared custody agreement.

Rutherford's lawyer, Wendy Murphy, said that Giersch's claim didn't mean Monaco owned jurisdiction. "The judge simply allowed the ex to have a hearing, which nobody objected to," Murphy said. "It is unconstitutional for Monaco to impose citizenship or formal residency status on an American citizen who does not also enjoy citizenship in Monaco."

The lawyer added, "Just as it would violate Monaco's laws for this country to declare by judicial fiat that a Monaco citizen visiting this country, is suddenly an American citizen or a U.S. resident. It simply cannot be done."

Judges in Los Angeles and Monaco are scheduled to talk over the case together on June 11. The kids, Hermes and Helena, don't need to travel anywhere and can stay in Monaco until then.