Kelly Rutherford's children were ordered to fly back to their father in Monaco on Wednesday and the Gossip Girl spoke out against the order the next day.

"What the judge did yesterday was shocking, illegal and abusive to my children," she stated to PEOPLE. "Without any legal authority, a judge from the lowest-ranking court in the state court system violated the highest ranking deferral constitutional rights of my American citizen children."

This was after Rutherford was served a habeas corpus filed on Monday by her ex-husband Daniel Giersch to address the issue that she had not sent their children back to their father in Monaco last week.

They had been in America with Rutherford in accordance with the court arrangement regarding their joint custody.

Rutherford, who was ordered to bring the children to the hearing, appeared alone, citing protection against the media circus, but this did not sit well with Judge Ellen Frances Gesmar.

She ordered the children to the courtroom and handed them to their paternal grandmother, who then took them to the airport to fly back to Monaco.

Rutherford said in her statement, "Knowing she had no authority, Judge Gesmer seized my children and their U.S. passports, and forced them to leave the United States and reside in Monaco, a country where neither they nor I, nor even their father, has citizenship."

She further adds the children's father didn't care enough about the children to be here himself. Contrary to his many false claims, he, like all German citizens, can come to this country anytime on his German passport. But he didn't bother."

Giersch's mother came to the hearing instead, and, upon receiving the ruling, sent the children to the airport.

The children were reported to be happy to be reunited with their grandmother.

Rutherford stated, "I did my best to comfort the children, but there are no words to help children understand why a judge would be so cruel." Rutherford and her attorney are picking the case apart, examining if the judge did, in fact, have jurisdiction to hand down such an order.

They are also questioning Giersch's lawyer's version of why she did not release the children on Friday.