A Los Angeles judge halted last week's order

Credit: Randy Brooke/WireImage

Kelly Rutherford may not be able to bring her kids home after all.

Family court Judge Maren E. Nelson has halted a court order from last week that required the Gossip Girl star’s two children be flown in to Los Angeles for a custody hearing June 15, according to the Associated Press.

The attorney for her ex, German businessman Daniel Giersch, is arguing that Monaco, not California, should have jurisdiction over the couple’s son and daughter: Fahi Takesh Halin, says Rutherford “made fraudulent statements” and “lied” to obtain temporary sole legal and physical custody May 22.

But Wendy Murphy, a lawyer on the actress’s team, says this development does not mean Monaco may have jurisdiction.

“The judge simply allowed the ex to have a hearing, which nobody objected to,” Murphy tells 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 US resident. It simply cannot be done.”

The AP reports that Hermes, 8, and Helena, almost 6, do not need to travel anywhere until Monaco and L.A. judges discuss the case June 11.

The couple got married in 2006 and filed for divorce in 2008. In 2012, a judge decided that the children would live in Monaco and France with their father even though the parents shared joint custody because his visa had been revoked. Rutherford, 46, has been fighting to move them back to the United States ever since.