By Jennifer Maas
June 11, 2015 at 11:23 PM EDT
Janette Pellegrini/Getty Images

Kelly Rutherford’s two children will not be traveling back to the United States for a planned custody hearing in Los Angeles next week, as an L.A. judge decided Thursday he is not certain he has jurisdiction over the matter and postponed the case.

During a prearranged phone call between California and Monaco judges, it was decided the kids would not be sent to the U.S. with Rutherford’s ex-husband Daniel Giersch for the previously planned Monday court hearing in L.A., multiple sources told People. The court date has been pushed back to July 9. Sources have told People that Giersch has already planned a hearing in Monaco on June 22 during which he could file for full custody. A rep for Rutherford confirmed to People that she will be traveling to Monaco for the hearing. 

“Ultimately this case is about the passage of time, and whether the fact that two American children lived abroad—under force of court order—for more than two years somehow transformed a temporary parental visit with their father into mandatory forced residency in a foreign nation,” Wendy Murphy, one of the children’s attorneys on behalf of Rutherford, told People in a statement.

Head over to People to read more about Rutherford’s situation and the authority and jurisdiction problems that are involved in the custody case.