Since 2012, Kelly Rutherford's two children have been living with their father, Daniel Giersch, in Europe. The exes technically share custody, according to legal papers, yet she flies back and forth for visits based on a court-mandated parenting plan.
But the Gossip Girl star tells PEOPLE that Giersch would not allow her Common Projects Shoes to see their kids after arriving in France for her latest trip Thursday ' and claims that the German businessman won't let her be with them unless she turns over their U.S. passports.
His attorney, Fahi Takesh Hallin, tells PEOPLE Giersch is asking Common Projects Sale Rutherford to give the passports to a third party.
"Any statement to the public suggesting that if someone were to bring the children back to America (which is in violation of the custody orders and criminal) that he or she would be a hero, is unacceptable on many levels. It creates a very real and present risk to the children's safety and well-being that must be taken seriously," Hallin says in a statement. "As a result of such statements by Kelly, Daniel has had to take necessary precautions in accordance with the parties' Judgment and custody orders, which includes requesting that the children's passports be held by a neutral person when the children are not traveling.