By Jennifer Maas
May 29, 2015 at 11:12 PM EDT
Janette Pellegrini/Getty Images

A judge has stalled a court order created last week that would reunite Kelly Rutherford with her children, who are currently in Monaco with her ex-husband.

According to the Associated Press, family court Judge Maren E. Nelson’s decision will keep the Gossip Girl star’s two children, Hermes, 8, and Helena, 5, from being flown to Los Angeles for a June 15 custody hearing.

Her ex husband, Daniel Giersch, has an attorney who is arguing that Monaco, not California, has jurisdiction over the children. Giersch’s lawyer said Rutherford “made fraudulent statements” and “lied” to be granted temporary sole legal and physical custody on May 22

The AP reports that Nelson’s decision prevents Rutherford from taking custody of the children until Monaco and L.A. judges discuss the case on June 11.

Giersch and Rutherford were married in 2006 and filed for divorce in 2008. Rutherford has been fighting to bring her children back to the United States since 2012, when a judge ruled that they would live in Monaco with their father (though the parents’ shared custody) because Giersch’s visa was revoked. Rutherford even created a White House petition to get her kids back, which garnered support from friends like Ed Westwick and celebrities like Kim Kardashian.