A Legal Analyst Weighs In on the Ongoing Kelly Rutherford Custody Battle

Just a few days ago, new developments in the bitter custody battle between Gossip Girl star Kelly Rutherford and her ex-husband, Daniel Giersch, were released, stating that Rutherford allegedly "kidnapped" her children when she refused to send them back to Monaco to be with their father on the agreed upon date.

As of yesterday, the children have been ordered by a New York judge to go back to Monaco via their paternal grandmother, and Rutherford is devastated. "It's very hard for the kids and I. It's been kind of cruel in a way, because we just want to see each other and be together," the star said.

Dan Abrams, ABC News's chief legal analyst, weighed in. "Kelly Rutherford has been placed in a no-win situation. No court's willing to step up and enforce any requirements on [Giersch], here in the United States. So in effect, these kids are now Monaco kids."

The hearing that sent the children away is the latest in a six-year tug of war between Rutherford and her ex-husband. Another hearing has been set for Sept. 3 in Monaco to discuss additional details of the custody agreement.