"Gossip Girl" actress Kelly Rutherford has received a minor setback in her custody case with her ex-husband. Apparently, according to People, a judge had ordered her ex to fly her children in for a custody hearing on June 15 in Los Angeles.

Rutherford's ex, Daniel Giersch, has argued that the actress lied and made fraudulent statements that granted her temporary sole custody of their children on May 22.

A family court judge, Judge Maren E. Nelson, has halted that order from last week amidst claims that Monaco should have jurisdiction over California in this case.

Though, according Rutherford's lawyer Wendy Murphy, who spoke with People on this matter, this new development does not mean Monaco has jurisdiction. It just means her ex gets a hearing on the issue.

"The judge simply allowed the ex to have a hearing, which nobody objected to," Murphy told People.

"It is unconstitutional for Monaco to impose citizenship or formal residency status on an American citizen who does not also enjoy citizenship in Monaco, just as it would violate Monaco's laws for this country to declare by judicial fiat that a Monaco citizen visiting this country, is suddenly an American citizen or a U.S. resident. It simply cannot be done."

Rutherford married Giersch in 2006 then quickly turned around and filed for divorce in 2008. Following the divorce, both parents had joint custody of the children, but in 2012 a judge had decided that the children would primarily live with their father in Monaco and France. This order came after Giersch got his Visa revoked.

The 46-year-old actress has been fighting ever since to get her children moved back to the U.S., and on May 22, she landed a pleasing victory. The halt on the order may or may not cast a blow to her case, but she is obviously committed to the battle though given all the time she has put into it over the past three years.