"Gossip Girl" actress Kelly Rutherford has escalated her long-standing child custody battle with her ex-husband, German businessman Daniel Giersch. Rutherford was supposed to fly her children back to France last week following a summer visit, which she had been fighting now for years. But the actress has refused to do so, following a long and drawn out court battle, according to E! News.

The court escapades have played out in the domestic courts as well as in Monaco. Last month, Rutherford was dealt a blow when a California judge ruled that it does not have jurisdiction over the case since she doesn't live in the state. A New York judge has also ruled the same way, even though she has residence in the state.

E! News obtained a copy of the statement released by Rutherford on this matter.

"These past three years waiting for my children to come home have been very difficult," the statement reads. "My children were forced to leave the United States in 2012 when they were only two and five years old. 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 very confusing."

Giersch had moved to Monaco and established a residency that gave him standing in their court to file for custody of the children. A Monaco judge took jurisdiction over the case and ruled in Giersch's favor.

Although the California judge ruled against jurisdiction on the matter, the court did not concede jurisdiction to Monaco.

In Rutherford's statement, it said that the rulings in California and New York "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."

People reports that Giersch's lawyers have accused Rutherford of child abduction, extortion and making false statements.