If you didn't think Kelly Rutherford's bitter custody battle with her ex couldn't get uglier -- you'd be wrong.

After stating that she would not return her two children to Monaco, Rutherford's ex-husband Daniel Giersch is accusing the former Gossip Girl actress of child abduction and extortion after she refused to return their two young children to him in Monaco.

Giersch's attorney Fahi Takesh Hallin said in a statement to E!, "Daniel will continue to protect the children from any harm and any media exposure. Unfortunately Kelly has now added child abduction to extortion and false statements on her list of actions. Daniel will make sure that the children's safety and well being will be restored as soon as possible.'

"He is very concerned about the traumatic impact that Kelly's behavior will have on the children. Kelly was to have delivered the children in France to their father on August 7, 2015," Hallin added. "Child abduction is a crime, and everyone involved in kidnapping or abducting the children will face the appropriate legal consequences. Anyone associating themselves with Kelly and her abduction is violating the law."

The former couples' 8-year-old son Hermes, and 6-year-old daughter Helena were allowed to spend the summer with their mother but were supposed to return to Monaco to continue living with their father however Rutherford has refused to bring the children back. On Friday, the 46-year-old released a statement saying she has no plans to let her children leave United States, arguing that both California and New York courts both said they don't have jurisdiction over the matter so there's no US state who can force her to return the children.

She has a good point!

UPDATE: This morning, Rutherford went on Good Morning America and addressed the situation at hand. “My first priority is to protect my children. Their safety is my priority. I’m a mother first, and from the beginning, I said I would fight for my children. I think most parents would," said the actress.

She added, “It put me, as a parent, in an odd place because if nobody’s taking jurisdiction, how do you put your children on a plane to a foreign country not knowing what’s going to happen?”

We will continue to report back on the international custody battle ...