. >> kelly rutherford and more with the father of her children. so what happens next? >>> adrenaline rush. vacationers here seek them out. but in china zip lines have been a lifeline for generations. why are theynow isappearing from the landscape? >>> and the multi-millionaire zap owes ceo. and revitalizing las vegas. >>> but first, the "nightline" five. ♪ >> let's get started. ♪ >> don't ignore the law. you must call 811 at least two to three business days before any digging project so you can avoid hitting peep lines and essential buried utilities. make the call to 811. >>> number one in >>> good evening. thank you for joining us. we begin tonight with the new development in a celebrity custody battle. it's a drawn-out and dramatic high society tale worthy of a plot line on gossip girl. but for an actress who just bid farewell to her children, this is heartbreakingly real. here's linsey davis. >> reporter: gossip girl star kelly rutherford stunned and fighting back tears after losing a bitter custody battle in court, the judge ordering the american-born children

. >> kelly rutherford and more with the father of her children. so what happens next? >>> adrenaline rush. vacationers here seek them out. but in china zip lines have been a lifeline for generations. why are theynow isappearing from the landscape? >>> and the multi-millionaire zap owes ceo. and revitalizing las vegas. >>> but first, the "nightline" five. ♪ >> let's get started. ♪ >> don't ignore the law. you must call 811 at least two to three business days before any digging project so you can avoid hitting peep lines and essential buried utilities. make the call to 811. essential buried utilities. make the call to 811. >>> number my name is jamir dixon and i'm a locate and mark fieldman essential buried utilities. make the call to 811. >>> numbfor pg&e. most people in the community recognize the blue trucks as pg&e. my truck is something new... it's an 811 truck. when you call 811, i come out to your house and i mark out our gas lines and our electric lines to make sure that you don't hit them when you're digging. 811 is a free service. i'm passionate about it b

now rutherford is refusing to send them back. just a short while ago rutherford was ordered to appear in a new york court tomorrow with her two children. her ex-husband's attorney saying daniel just wants his kids. >> this dates back for years now. >> the saga continues. >> lindsey, thanks. >>> when we come back here tonight, remembering a nascar great. >>> also here tonight, they had just one bottle of water. a family on a grueling desert hike in new mexico. what two parents did to keep their son alive. >>> then the incredible pictures coming in. an accident, one of the cars spinning into a home, the home blowing up. details right after the break. spinning into a home, the home blowing up. details right after the break. aren't enough, ie adding crestor lowers bad cholesterol up to 55%. crestor is not for people with liver disease, or women who are nursing, pregnant, or may become pregnant. tell your doctor all medicines you take. call your doctor if you have muscle pain or weakness, feel unusually tired, have loss of appetite, u

>> reporter: a teary rutherford left this manhattan federal court without her children yesterday. >> i think like any parent would feel, you know, that loves their kids. >> reporter: they've been staying with her for the past five weeks as part of a custody arrangement she's been battling for six years, calling it unfair. the couple was originally supposed to share custody after their divorce until giersch's visa was revoked in 2012 when a california judge ruled the children should live with their dad temporarily. when rutherford failed to return the children last week as mandated by that agreement, her ex-husband called her a kidnapper and took emergency legal action to get the kids back. >> i have no words at this moment, no words. >> reporter: but she had some choice words today for the judge and legal system, releasing this statement which says in part, what the judge did yesterday was shocking, illegal and abusive to my children. giersch's attorney fired back. >> he's very pleased that the order has been enforced. >> reporter: it's unclear whether she'll be able to get her child

>> reporter: a teary rutherford left this manhattan federal court without her children yesterday. >> like any parent would feel, you know, that loves their kids. >> reporter: they've been staying with her for the past five weeks. as part of a custody arrangement she's been battling for six years, calling it unfair. the couple was originally supposed to share couple after their divorce until giersch's visa was revoked in 2012 when a california judge ruled the children should live with their dad temporarily. when rutherford failed to return the children last week as mandated by that agreement, her ex-husband took emergency legal action to get them back. >> i have no words at this moment, no words. >> reporter: but she had some choice words today for the judge and legal system, releasing this statement which says in part, what the judge did yesterday was shocking, illegal and abusive to my children. giersch's attorney fired back. >> he's very pleased that the order has been enforced. >> reporter: it's unclear whether she'll be able to get her children back. legal experts tell us rutherf

actress kelly rutherford is here to explain, what happened. why her children have been sent to mon that coand what is next in her fight. >> they think it's not fair. to them it's more like mommy, what's up. what's going on. i built my business with passion. but i keep it growing by making every dollar count. that's why i have the spark cash card from capital one. i earn unlimited 2% cash back on everything i buy for my studio. ♪ and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... that's huge for my bottom line. what's in your wallet? my constipation and belly pain have my stomach feeling all knotted up. i've tried laxatives... but my symptoms keep returning. my constipation feels like a pile of bricks... that keeps coming back. linzess can help. once-daily linzess treats adults with ibs with constipation or chronic constipation. linzess is thought to help calm pain-sensing nerves and accelerate bowel movements. linzess helps you proactively manage your symptoms. do not give linzess t

here's abc's linsey davis. >> reporter: tonight kelly rutherford's ex-husband is calling her a kidnapper after she failed to send the children back to him in monaco last thursday. >> from the beginning i said i would fight for my children. >> reporter: rutherford played the mom on tv's gossip girl. her personal drama began six years ago when she divorced her german businessman husband. he was banned from entering the u.s. a california judge ordered the kids to live with their father temporarily while he applied for a new visa, something rutherford says he hasn't done, telling me in april -- >> are you more frustrated or angry or sad? >> i could sit here and tell you how often i cry not being able to take them to school, pick them up from school, dress them, smell them, hug them. >> reporter: the kids were just two and five when they were ordered to live with their dad temporarily. now six and eight years old, a monaco court ruled the kids should spend several weeks of summer vacation with rutherford before returning to her ex-husband. now she's refusing to send them back. just a short wh

actress kelly rutherford here, she's here in the next half-hour. since the judge ordered her kids be sent back to monaco to live with their father even though they're american citizens. >>> and we have another abc news exus cli exclusive for you right now. parents of kevin ward, jr., speaking about his death. he was killed by nascar driver tony stewart. good morning, paula. >>> the family breaking their silence for the first time since their son's death. recalling his big heart and the big dreams that he he had. kevin ward jr. will never race again and his family believe that tony stewart should face the same punishment. to pam and kevin ward, tony stewart is the man who killed their only son. >> what do you ultimately want if. >> we want justice for their son. >> reporter: just one year ago, ward went to a track in upstate new york to race and never made it out alive. >> he had a huge heart. >> reporter: ward's dad gets emotional when he recalls his son was 10, he could help a competitor. >> he said, dad, can i have the new tires? i said, why do y

actress kelly rutherford here, she's here in the next half-hour. opening up to robin for the first time since a judge ordered her kids be sent back to monaco to live with their father even though they're u.s. citizens. >>> and we have another abc news exclusive for you right now. parents of kevin ward, jr., speaking about his death. ward was killed by nascar star tony stewart during a race last year. paula faris sat down with the wards who hold stewart responsible for their son's death. good morning. paula. >> good morning, robin. the family breaking their silence for the first time since their son's death. recalling his big heart and the big dreams that he had. kevin ward jr. will never race again and his family believes that tony stewart should face the same punishment. to many people tony stewart is one of racing's great. to pam and kevin ward, tony stewart is the man who killed their only son. >> what do you ultimately want there's no amount of money that with bring your son back. >> we want justice for their son. >> reporter: just one year ago

the judge told rutherford's attorney she was not in compliance. attorneys for rutherford and her ex-husband will argue over whether her two children should be returned to their father in monaco. she refused to send them back last week. she claims she has no legal obligation to give the children back to their father. >> my priority is their safety and well-being. as their mother, that's what i will continue to fight for. we want to see each other and be together. they are very, very young. >> when the couple divorced six years alleges, a california judge order -- years ago, a california judge ordered the children to live with their father temporarily. she says it has become a permanent situation. >>> air traffic controllers, how fatigued are they? is it putting us at risk when we fly. >> a strange sky chase. why police were anxious to stop this daring guy and what he has to say about it. >> meteorologist bill evans timing out the next batch of rain. his exclusive forecast next. caring about the things that make each of our clients unique... ...that

rutherford was supposed to return them last week after a summer visit. she and her ex-husband have been in this bitter custody battle for several years now. rutherford wants to know why her kids are being made to live in monaco. let's discuss this case. was she wrong to defy the judge's first order? >>> megan trainer just canceled the rest of her north american tour. ♪ ♪ >> i hate to hear this. this is after suffering a vocal cord hemorrhage and plans to get surgery. back in july, she had to postpone shows because of a similar injury. >>> daredevil nik wallenda accomplishing another first. he successfully completed the longest high wire walk ever over the milwaukee mile. >> his death defying walk took about 40 minutes to finish. he was cheered by wisconsin fairgoers cheering below. >> it is now 3 -- 53 minutes after the top of the hour. he's a convicted murder who wants to be a she. you are paying for it. taxpay taxpayer-funded surgery. >>> one of the queens guards goes down. the fall now going viral. ♪ ♪ ♪ i built my business with passion. but

actress kelly rutherford here, she's here in the next half-hour. since the judge ordered her kids be sent back to monaco to live with their father even though they're american citizens. >>> and we have another abc news exus clive ex exclusive for you right now. parents of kevin ward, jr., speaking about his death. he was killed by nascar driver tony stewart. good morning, paula. >>> the family breaking their silence for the first time since their son's death. recalling his big heart and the big dreams that he he had. kevin ward jr. will never race again and his family believe that tony stewart should face the same punishment. to pam and kevin ward, tony stewart is the man who killed their only son. >> what do you ultimately want if. >> we want justice for their son. >> reporter: just one year ago, ward went to a track in upstate new york to race and never made it out alive. >> he had a huge heart. >> reporter: ward's dad gets emotional when he recalls his son was 10, he could help a competitor. >> he said, dad, can i have the new tires? i said, why

rutherford was supposed to send her son and daughter back last friday but refused. yesterday a judge ordered the children be reunited with their father. the "gossip girl" actress has been involved in a lengthy custody battle with her ex since they split in 2008. >>> and the head of the environmental protection agency heads to colorado and new mexico today to get a firsthand look at rivers affected by a toxic spill. that spill was caused by an epa clean-up crew when it mistakenly released 3 million gallons of contaminated wastewater into the river there. the lead, arsenic and other heavy metals in that wastewater turning the water orange. and the rivers as well in new mexico are off limits, but the hope is that they can be open for recreational use in the next few days. >>> now some weather. officials in rhode island aren't sure if heavy rain contributed to the breaking of a water main. that break caused a sinkhole to open up right underneath a pickup truck. look at that. the driver going to be helped out of the truck but was uninjured. >>> meantime, this is the scen

this morning, rutherford's children landed in monaco. this morning, the children of "gossip girl" star, kelly rutherford are back in monaco with their father daniel giersch as the bitter custody battle rages on. >> no words at this moment. no words. >> reporter: a teary rutherford leaving a manhattan federal court without 8-year-old hermes and 6-year-old helena who had been staying with her the past five weeks. the grandmother taking the kids straight to the airport after the hearing. how does a mother lose basically custody of her kids? >> kelly rutherford has been placed in a no-win situation. no court's willing to step up and enforce any requirements on him. here in the united states. so, in effect, these kids are now monaco kids. >> reporter: tuesday's hearing is the latest in a six-year saga between rutherford and her german businessman ex-husband. the couple originally supposed to share custody after their divorce, until giersch's visa was revoked in 2012 when a judge ruled he should stay in monaco with their father. granting ruthe

the well known actress, kelly rutherford in court today fighting to keep her two young children here in america. late today the court sending them overseas to their father even though they're american citizens. here's abc's linsey davis. >> reporter: fighting back tears -- >> i have no words at this moment, no words. >> reporter: gossip girl star kelly rutherford was forced to say a difficult goodbye today to her 8 and 6 year old son and daughter ordered to go back to monaco immediately. a new york judge deciding they should continue to live with their father, german businessman daniel giersch who accused rutherford of kidnapping them when she disobeyed a monaco court order by not sending them back to europe last week. >> i think when you look at the totality of this case, it's a total miscarriage of justice. >> reporter: six years ago when rutherford filed for divorce. she and giersch were supposed to share custody. but when giersch's u.s. visa was revoked and he was expelled from the u.s., a california judge ruled the children, who were 2 and 5 at the time should live in monaco wit

the well known actress, kelly rutherford, in court today fighting to keep her two young children here in america. late today the court sending them overseas to their father even though they're american citizens. here's abc's linsey davis. >> reporter: fighting back tears -- >> i have no words at this moment, no words. >> reporter: gossip girl star kelly rutherford was forced to say a difficult goodbye today to her 8 and 6-year-old son and daughter who were ordered to go back to monaco immediately. a new york judge deciding they should continue to live with their father, german businessman daniel giersch who accused rutherford of kidnapping them when she disobeyed a monaco court order by not sending them back to europe last week. >> i think when you look at the totality of this case, it's a total miscarriage of justice. >> reporter: six years ago when rutherford filed for divorce, she and giersch were supposed to share custody. but when giersch's u.s. visa was revoked and he was expelled from the u.s., a california judge ruled the children, who were two and five at the time, should liv

barlow plays an interesting part and rutherford b. hayes promised when he ran i will serve, if elected serve one term, he is the first president to reform the civil service, ending reconstruction. he dedicates the rest of his life to education for blacks and legal protections for them. refuses to intervene on the side of the ownership in the strike of 1878, destroying property, by the time he leaves he is ready to leave office and ready for the next election. we don't think of rutherford b. hayes that way as a punch line in a late-night joke. only one great mistake and i will get to that in a moment. a politician most of his life says no. serving one term, going home. and he went home. dedicated his life to education with blacks, poor whites and the highlight of his life was holding reunions for his soldiers on his small farm and they all came to the end of his days and soldiers really loved that. frank barlow, another man who is quirky, the merciless killers for, and after the war he goes back to new york fed is the lawyer and is ele

but now rutherford is refusing to send them back. rutherford is now being ordered to appear in a new york court later today with both children. her ex-husband's attorney saying daniel just wants his kids. linsey davis, abc news, new york. >> that's a complex situation. >> there's also a hearing on september 3rd in monaco. so people are saying it could be a dicey situation based how they rule there. ultimately, the big quell is could the state department be forced to step in if it's another country's jurisdiction versus here in the u.s.? >> our legal analyst dan abrams says it looks like monaco is going to have demand that the u.s. government abide by monaco's court ruling. again, just a sticky situation there. >> we wish them all the best of luck. be right back. advertise your eyes! supersize your lashes. new covergirl's super sizer mascara gives you 400% more volume. supersize. mesmerize. advertise your eyes. the super sizer. new from easy, breezy, beautiful. covergirl on more than just the trashcan. 99.9% of bacteria it's the "pung

kelly rutherford's bitter custody battle. accused of kidnapping by her ex-husband defying a court order to send their kids back to him. she's speaking out to abc news exclusively. first, linsey davis with the story. >> reporter: "gossip girl" star kelly rutherford's most grueling role yet is playing off offscreen. >> my first priority is to protect my children. their safety is my priority. >> reporter: lawyers for her ex-husband accusing her of abduction, as she defies a court order to send her kids back to their father in monaco. >> i'm a mother first. from the beginning, i said i would fight for my children. i think most parents would. >> reporter: back in june, her six-year, in and out of court personal drama got a bit of a reprieve when a monaco court ruled the kids should spend several weeks of summer vacation with rutherford before returning to her ex-husband. german businessman daniel giersch. >> children need the love of both parents. but they also need the love of a present parent. someone that's there. i think they

. >>> and kelly rutherford, accused of kidnapping. she's defying a court order. you'll hear from her. she'll speak out in the 8:00 hour. >> it's been a long battle her. >>> who you gonena call? the original fan favorite bill murry ry murray joining the reboot. alongside kristen wiig, and others. >> i know we're not supposed to say lol, but really. lara will have the detail ahead. >>> we begin this half hour with new trouble for nascar champion tony stewart. he's facing a lawsuit after hitting kevin ward jr. on the track a year ago. we're hearing from the lawyer for ward's family. >> reporter: good morning, robin. sunday marked the one-year anniversary of the fateful race, footage of the tragedy already scrutinized in a grand jury investigation. kevin ward's family wants a jury too look again. and fand fault. it was a harrowing moment. kevin ward ar car crashing into a wall after colliding with tony stewardt stewart's car. ward steps out on the to the track. stew thwartart stewart's car striking and hitting him. a year after ward's death, the family filing suit ag

kelly rutherford's personal custody fight going very public. it's tuesday, august 11th. >>> from abc news, this is "world news now." >>> good tuesday morning. i'm phillip mena in for t.j. holmes. >> i'm reena ninan. we'll begin again with another night of tension in ferguson, missouri. a state of emergency one year after the diego of michael brown. >> police were out in full force overnight bracing for more violence as hundreds of people lingered in the streets and followed a day of clashes, dozens of arrests. and a shooting the night before. abc's jim ryan has been watching it all unfold. he joins us now live. good morning, jim. >> reporter: hello. after a demonstration punctuated by gunfire and an 1-year-old was shot and critically injured by the police, another crowd gathered here tonight on west florissant avenue. it was almost a festival atmosphere with protesters socializing and occasionally lobbing insults at the officers lined up just across the street. someone threw what the police say were frozen water bottles and rocks. about a dozen

. >>> and kelly rutherford, accused of kidnapping. she's defying a court order. you'll hear from her. she'll speak out in the 8:00 hour. >> it's been a long battle befofor her. >>> who you gonna call? the original fan favorite bill mur r murray joining the reboot. alongside kristen wiig, and others. >> i know we're not supposed to say lol, but really. lara will have the detail ahead. >>> we begin this half hour with new trouble for nascar champion tony stewart. he's facing a lawsuit after hitting kevin ward jr. on the track a year ago. we're hearing from the lawyer for ward's family. >> reporter: good morning, robin. sunday marked the one-year anniversary of the fateful race, footage of the tragedy already scrutinized in a grand jury investigation. kevin ward's family wants a jury too look again. and fand fault. it was a harrowing moment. kevin ward ar car crashing into a wall after colliding with tony stewar stewart's car. ward steps out on the to the track. stew thwaart stewart's car striking and hitting him. a year after ward's death, the family filing suit ag

plus, kelly rutherford speaking about her international custody battle and why she didn't a chance in court. >> meteorologist amy freeze here with the accu-weather forecast tonight. our temperatures were in the mid 80s in the city. the heat plus the humidity about to go up in a major way. temperatures above the 90- degree mark. when we add on the humidity the feels like temperature will take us into the mid 90s over the weekend. coming up, we will show you how high the numbers go and what to expect at join the millions who have already switched. we switched. and now, we're streaming netflix. who knew time warner cable's internet was so fast! mom switched. and now, we can watch our favorite shows together, on demand. i switched. so i can connect to the internet just about anywhere with my free twc wifi hotspots. join the millions who switched to time warner cable. for $89.99 a month, you'll get 100meg internet, and hundreds of hd channels. you'll also get unlimited calling to the us, mexico canada, china, and now india. call today. i switched. now i have a free app that lets me watch t

in rutherford, new jersey, ilana gold, cbs 2 news. >> and rutherford police say the cause of the crash is still under investigation. the police chief telling us he has never dealt with anything like this before. >>> to a developing story tonight. a pilot practicing for the new york airshow in orange county has died in a crash. the home built plane crashed after take-off. it's registered as to a man in austin, texas? >> the man had a structural failure. the pilot the only one in the plane. the airshow is expected to go on as scheduled. >>> terrifying moments in westchester county. the front of a restaurant collapses right in the middle of lunch hour today. cbs 2 first on the scene just moments after the facade crashing down on to the sidewalk. seeing that damage it's hard to believe nobody was hurt. cbs 2's matt kozar reports. we'll see more of that and hear how everybody did today. matt. >> this could have been a very different story had people been outside eating when this overhang came crashing down. utility crews on the scene right now. restaurant. this disaster averted thanks to tw

>> kelly rutherford has been placed in a no-win situation. no court's willing to step up and enforce any requirements on him. here in the united states. so, in effect, these kids are now monaco kids. >> reporter: tuesday's hearing is the latest in a six-year saga between rutherford and her german businessman ex-husband. originally supposed to share custody after their divorce until giersch's visa was revo d revoked. granting rutherford summers with her children. >> it's very hard. it's been kind of cruel in a way. we just want to see each other. >> reporter: giersch calling rutherford a kidnapper after she failed to return the children last week. his lawyers very happy with tuesday's ruling. >> he's a loving father. he's very pleased that the order has been enforced. >> reporter: when asked by reporters how rutherford is feeling. >> how any parent would feel that lost their kids. >> reporter: they'll be back in court september 3rd in monaco to discuss custodial and medical decisions. david. >> of course, these kids now old enough to understan

actress kelly rutherford in tears after a judge orders her to return her two children to their father in europe. >> i have no words at this moment. >> will her initial refusal to send them back make it harder for her to see them in the future? >>> and we're going to need a bigger cage. a massive great white, at least 20 feet long, goes into the record books as the biggest ever filmed, today, wednesday, august 12th, 2015. >> announcer: from nbc news, this is "today" with matt lauer and savannah guthrie, live from studio 1a in rockefeller plaza. >>> and good morning, everyone. welcome to "today" on a wednesday morning. i admit it, i'm one of those people that says you've seen one piece of shark video, you've seen them all. i've changed my mind. that is a big shark. >> i know, it's incredible. and if you're afraid to get in the water, it's off the coast of mexico, but yes, that is the shark video to end all shark videos. at least he's kind of smiling, you know? so, he looks real friendly. >> we'll tell you more about that in a couple of minutes. >>> let's get to our top story, the proble

this morning, rutherford's ex-husband is calling her a kidnapper. the star now ordered to appear in court this morning with her two kids after she failed to send them back to their father in monaco on tuesday. >> my priority is their safety and well-being. as their mother that's what's what i'm going to continue to fight for. >> reporter: six years when rutherford filed for divorce, they were supposed to share custody. one his visa was revoked, the judge ruled the son and daughter should reside in monaco with their father temporarily. >> i trusted their father that he would live up to his agreement that it would be temporary and three years it has not been temporary. >> reporter: back in june, monaco court ruled that the kids should several weeks of the summer vacation with rutherford before returning to ex-husband, which rutherford refuses to do. >> it's very hard for the kids. it's been kind of cruel in a way, because you know we just want to see each other and be together. they're very young. >> reporter: in response, she's invoking emergency jur

and here is kelly rutherford and her attorney, wendy murphy. kelly, you know, let's back up so that the viewer is familiar with what you're going through. your two children right now, not here at home with you. living in monaco because their father can't come into this country? >> right, and we don't even know why. a judge from california, judge theresa bowday sent them there on an order basically unenforceable in a foreign country instead of choosing to leave them here and me travelling back and forth to work out the visa situation. >> your kids spent the summer with you and you had to send them back by court order? >> yes, it was-- he went into court and demanded them back. monaco did not. and they were hysterical, they're, you know we're afraid and the way was done was so sudden. and he knew exactly what i was doing and why. no court was taking jurisdiction, they had been ordered home by california before they decided they'd have jurisdiction. and i was terrified to not knowing what would happen if i put them on a plane and they were voicing

. >>> real life drama for kelly rutherford. she's in court after refusing to send her children to their father overseas. >> we have more on the international custody battle. jill-- >> reporter: yes, kelly rutherford was supposed to send her 8-year-old and 6-year-old back to their father in monaco but refused to do so. a judge ordered the actress to appear in court this morning. and she has to face the consequences. >> kelly, how are the kids doing? >> great, thank you. >> reporter: she arrived at 10 a.m. to face the judge. instead of sending her children home, she released a statement over the weekend. i cannot send my children to live in a foreign country. the actress and now ex-husband custody battle. in 2012, a california judge sent the children to live with their father in france because his u.s. visa had been revoked and they would spend summers in new york with their mother. the actress has been trying to move her children back to the united states and both california and new york family courts ruled they no longer have j

teresa priolo has more from rutherford, new jersey. fill us in this morning. >> reporter: when you talk to commuters they say they feel trains are delayed like it is raining like it is today, sunny or windy or a hurricane, there's always something and they hear the problem will get worse. this is troubling news. 200,000 people take amtrak through the hudson rail tunnel every single day and the problem this morning the tunnel needs to be replaced but nobody wants to pay for it. >> to wait until the worst possible thing happens is very shortsighted. i hope we can be proactive and build the kind of infrastructure the city deserves. >> reporter: writers and politicians agree something needs to be done about the hudson river crossing with a living $14 billion pricetag, lawmakers are weighing the possibility of building a new hudson river tunnel that would carry 200 day in the new jersey transit and amtrak riders. the problem, who will foot the bill. new jersey state lawmakers discuss the dire need for a new tunnel. >> every day we push the

. >>> the children of kelly rutherford have been. returned to their father in monaco. ruggerford was supposed to send them back last friday but refused. yesterday a jouj ordered the children be reunited with their father they split in 2008. >>> and the head of the environmental protection agency heads to colorado and new mexico today to go the a first look at rivers affected by a toxic spill caused by an epa clean-up crew when it released 3 million gallons of contaminated wastewater. other heavy metals turning the rivers orange. the rivers in new mexico are off limits. the hope is they will be open for use in the next few days. >> officials in rhode island aren't sure if rain contributed to the breaking of a water main. that caused a sichings hole to open under right neath a pickup truck. meantime this was the scene nearly denver international airport where tornado warnings were issued yesterday afternoon. passengers were directed into airport safety shelters as a precaution. more on theation's extreme weather abc's ginger zee. >> frightening moments in on saddle back

>>ri reporter: they sdgned up at club metro usa in rutherford. >> almost exactly a m e from my house, so very convenient. >> reporter: vincent and his wife say they enjoyed the club for the last five years. this past march, though, the couple moved to toms river. he tried to cancel his membership. >> i sent them the forms in early june. >> reporter: on the form, vincent explained the reason for the cancellation is that he was moving more than 25 miles from the club, so he wanted to end his membership effective april 1st. >> the woman said that i should fax this information because they never received it. >> reporter: so he sent a fax. en me received this letter saying his request had to be sent certified mail. he says he was also told he would have to pay $150 cancellation fee. >> that's when i blew my top. that's why i calle nbc lynda ba qquero. >> reporter: so we spoke to bhe manager of club metro usa in rutherford, who told us their club requires a 30-day written notice to cancel like many other gyms. when she spoke with vincent in march, they discussed the possibility of transferr

when rutherford and her ex lived in the u.s. they had joint custody. after giersch's visa was revoked in 2012 a court ruled the children should temporarily live with him in monaco. rutherford's attorney argued three years isn't temporary. since the children are u.s. citizens they have a fundamental right to live in their own country. earlier this year a judge in monaco allowed the hirn to spend the summer with rutherford in the u.s. after she refused to send them back giersch called it kidnapping. his lawyer saying he's pleased that the american judicial system has prevailed adding giersch's stance of promoting kelly's time with the children has not changed. let us bring in lisa green, author of "on your case." good to see you. >> good morning. >> kelly rutherford held the children in this country days after the deadline to send them back. yesterday they did get on a plane with their grandmother. did she have another choice? >> really not. it didn't help her case to disobey what a court ordered. doesn't matter if you are a judge in new york, california

this morning, rutherford's ex-husband is calling her a kidnapper. the "gossip girl" star now ordered to appear in court today with her two kids after she failed to send them back to their father, daniel giersch, in monaco on tuesday. >> my priority is their safety and well-being. as their mother that's what's what i'm going to continue to fight for. >> reporter: six years ago when rutherford filed for divorce, they were supposed to share custody of the children. when his visa was revoked, the judge ruled the son and daughter should reside in monaco with their father temporarily. >> i trusted their father that he would live up to his agreement that it would be temporary and three years it has not been temporary. >> reporter: back in june, a monaco court ruled the kids should spend several weeks of summer vacation with rutherford, before running to her ex-husband, which rutherford refuses to do. >> it's very hard for the kids. it's been kind of cruel in a way, because you know we just want to see each other and be together. they're very young. >> repo

a new york judge making the decision tuesday after he accused rutherford of kidnapping the children when she disobeyed a monaco court order not sending them back to europe last week. >> i was accused of things i couldn't defend. thinking no one knows where their children are and i was in communication because they skype every day. >> the battle began six years ago to share custody when they divorced. but when he u.s. vase was revoked and -- visa was revoked the california judge ruled that the children live with him in monaco temporarily while he reapplied for a visa, which he reportedly never did. they agreed that the children would come back to america if he didn't get a visa. >> he violated an american court order. the saddest part is no american court seems to give a damn. marci: they say he will not respond to the latest round of false statements. the case returns to court in monaco september 3. marci gonzalez, abc7 news, new york. kimberly: "7 on your side" with a consumer alert. volkswagen recalling 420,000 vehicles in the u.s. due to a front air bag problem that could prevent it f

rutherford b. hayes promised when he ran he said i will serve one term. red haze "valley of the shadow" is the first to reform the civil service. he asked if they compromised but he dedicates the rest of his life to education for blacks and legal protections or them. he refuses to intervene on the side of the ownership until they start destroying property. by the time he's ready to leave office and ready for the next election he is loved by the american people. we don't see her with rutherford b. hayes now. this is the punchline in a late-night joke. he made one great mistake but he could have easily been reelected to but he's a politician for the rest of his life if he said i told the american people i would serve one term and i'm going home. andy went home. he dedicated the rest of his life to education for blacks and poor whites and was the highlight of his life was his small farm bailiff came to the end of his days in the soldiers love that man. frank barlow another man who was quirky. he is a merciless killer but after the war he goes back to new yor

certainly not fitting into rutherford's comfortably sized room. so here comps the second part of lawrence's brainstorm. he knows a charged particle traversing a magnetic field will follow a curved path. so apply a magnetic field to your proton and you can bend it into a spiral, allowing it to get repeated jolts from just a single electrode and that's the essence of the cyclotron boiled down to its simplest terms but after a enough revolutions you have a particle that can carry a million volts, 10 million, even 100 million, even a billion, and then all you have to do is aim it at a target and let it go. the possibilities are limitless and it all could fit into a medium sized room. at least the first cyclotrons could. well, lawrence knows he is on to something. very next day he seemed bounding across the berkeley campus, button hole holing friends and colleagues to declare, i'm going to be famous, and so he was. the next decade, his invention proved itself to be a spectacularly useful and flexible machine. the team he assembled in berkeley discovere

. >> actress kelly rutherford and her children have to go before a judge, her ex-husband is calling the actress a kidnapper and he was given temporary custody in monoco after his visa was revoked. now rutherford's ex, is filing an emergency lawsuit in hopes of getting his kids back. >>> we are getting more kids about actress, jennifer anist aniston's wedding, howard stern spilled the beans on his radio show, stern spoke at the wed that was officiated by jimmy kimmel, and now the search is on for who designed aniston's wedding dress, only designer eve saint lauren has said no comment. >>> and now she will be speaking at the university of delaware, she is retiring from the show, she has played maria for more than four decades. >>> if are you looking distraction check out 6abc.com, a robot with serious drawing skills wowed guests in disney world, it's world disany in the sand called beach bot, for more videos like this one go to our website at 6abc.com/distraction. is that jim gardner? no it's not. disney is the parents company of 6 abc. >> it looks like him. i see the resemblance. >> kare

. >> kelly rutherford's international custody battle. the actress speaking exclusively about losing her children. >> a south carolina teenager killed in a fast food parking lot. his parents outraged and demanding a murder charge. switch now, new york and get installed as early as today. mom switched. we switched. i switched to time warner cable and knew exactly when they were coming. thanks to their 1 hour appointment window. for $89.99 a month, you'll get 100 meg internet, hundreds of hd channels, and unlimited calling to the u.s., puerto rico, canada, mexico, china and india. and for a limited time, you could get a $300 reward card plus tv equipment and epix included. get installed for free as early as today. call 1-800-341-9716. will you meet a good person today? if you have medicare and medicaid, call now. and meet a whole company of good people. elderplan. we have a plan with the coverage you want. including dental, prescription, over-the-counter drug coverage... and free transportation. choose a plan with 30 years of experience. ca

kelly rutherford slams the judge who ordered her two children be returned to their father. will those words come back to haunt her as her custody battle rages on? >>> and sketchy. the courtroom drawing of tom brady that doesn't quite do the football heartthrob justice. the sketch goes viral. the internet responds, and the artist has a message to brady and football fans everywhere today, thursday, august 13th, 2015. >>> morning, everyone. welcome to "today" on a thursday morning. busy news morning for sure. >> waking up to dramatic images. want to put them side by side. seens of explosions and devastation from those warehouse explosions or the explosion in china, to a marked in baghdad and a nasty accident on a highway in new jersey. >> let's start with the frightening scene in minneapolis. part of a ceiling in part of a landmark music venue came crashing down. let's get to our nbc affiliate in minneapolis with the latest. >> good morning. ask anyone here in the twin cities and this venue is part of minneapolis history. last night, the historic nightclub closed its doors aft

. >>> it has been a heartbreaking ordeal for the star from gossip girls" kelly rutherford was ordered to send her two children to their father in monaco. >> she's now blasting the judge who made the decision. she's speaking out to abc's linsey davis. >> reporter: hermes and helena, the children of "gossip girl" star kelly rutherford perhaps unaware of the bitterness of the custody battle raging around them. they landed in nice with their paternal grandmother after a judge's order ordering them these young american citizens back to monaco to live with their father daniel giersch. >> how are you feeling, kelly? >> reporter: a teary rutherford left this manhattan federal court without her children yesterday. >> i think like any parent would feel, you know, that loves their kids. >> reporter: they've been staying with her for the past five weeks as part of a custody arrangement she's been battling for six years, calling it unfair. the couple was originally supposed to share custody after their divorce until giersch's visa was revoked in 2012 when a california judge ruled the children shou

. >>> shocking illegal and abusive kelly rutherford slams the judge who ordered her two children be returned to their father. will those words come back to haunt her as her custody battle rages on? >>> and sketchy! the courtroom drawing of tom brady that doesn't quite do the football heartthrob justice. the sketch goes viral, the internet responds, and the artist has a message to brady and football fans everywhere "today" thursday, august 13, 2015. >> announcer: from nbc news this is "today" with matt lawyuer an savannah guthrie. live from studio 1-a in rockefeller plaza. >>> good morning everyone. welcome to "today" on a thursday morning. it's a busy news morning. >> we're waking up to dramatic images. side by side scenes of explosions and devastations from the warehouse explosion or the explosion in china to a market in baghdad and a nasty accident on a highway in new jersey. we're going to have all of those stories coming up. >> let's start with the fright thing scene in minneapolis. let's get to melissa colorado from the nbc affiliate in minneapolis with the latest. good morning. >> repo

do you think it is likely kelly rutherford will get her kids back to the u.s. for more than just somers and holidays? >> i absolutely don't know. right now, he's winning the media campaign. it is almost like it is the reverse of gone girl. it is kind of like gone boy. and again, i would like to talk to him and hear his side but he is like the amy dunn in this saga, he is like gone boy. >> and this whole story this week, is that the cover. >> barring anything else, it should be a fantastic cover story in people and many other outlets. >> i know you are contributing to that. dana kennedy, thank you so much. that is a wrap up with "weekends with alex witt." coming up next, "caught on camera." have a great weekend. see you tomorrow. you laugh. you worry. you do whatever it takes to take care of your family. and when it's time to plan for your family's future, we're here for you. we're legalzoom, and for over 10 years we've helped families just like yours with wills and living trusts. so when you're ready, start with us. doing the right thing has never been easier.

the latest from rutherford, back to you in the city of. ben: both states contribute a couple billion dollars, talking the to 10 billion for the fed to joy been over 10 years, a billion dollars a year in the national budget is nothing. for a vital rail. >> reporter: he said it is not our tunnel so why would he have to foot the bill? i don't know. ben: it means a lot for the economy of this region. thank you very much. this morning the national transportation safety board will determine the probable cause of the crash that left comedienne tracey morgan injured, the crash happened june of last year on the new jersey turnpike, fellow comedian james mcnair was killed. three more passengers were hurt. investigators said walmart truck hit morgan's limo at 65 miles an hour. traffic was stopped and speed limit had been reduced in that zone to 45 miles an hour. they said the truck driver had been out for more than 24 hours before the crash. he has pleaded not guilty. juliet: we were told by the city that it was tapering off and been contained appare

. >>> actress kelly rutherford says she is fighting for her children and other parents. today we hear following a judge's ruling that sent her children overseas. abc news reporter has more cht. >> reporter: talking about her international custody battle for the first time since the judge ordered her two children to go back to monaco to live with their father. the star sharing her frustration. >> i walked into a courtroom where everything felt like it was already done. >> reporter: her 8-year-old son and 6-year-old daughter both american citizens are back with their father. a new york judge making the decision tuesday after accused of kidnapping the children when she disobeyed a court order by not sending them back to europe last week. >> i was accused of things that i was not able to defend and kidnappings where no one knows where the children are. >> the battle began six years ago with rutherford agreeing to share custody when they divorced. when the u.s. visa was revoked and he had to leave this country a california judge ruled that the children live with him in monaco

. >>> kelly rutherford is speaking out about her bitter child custody battle. the manhattan judge ordered her to send the children back to their father in monaco. in an exclusive interview on "good morning america," she said the accusation that she kidnapped her children is wrong. she told her ex she had concerns about returning them to him without knowing what they would be coming back to the u.s. >> he didn't demand them back. new york sent them back. we had to start of be up for them. i was happy the way it ended up happening. they didn't have to sit in the courtroom and watch it happen ordeal with the media or anything. >> rutherford is frustrated because courts in new york and california claim not to have jurisdiction in her case. >>> new addition for first daughter jenna bush and her husband. people.com released photos of their second daughter born yesterday in new york. the name was inspired by her grandfather george h w. bush. she called him poppy as a child. her other daughter margaret laura named after her grandmother. this is billy joel's baby della

>> gossip girl actress kelly rutherford breaks her silence. >> i'm just trying to process everything. >>> then, the viral video sweeping the internet. with their parents' permission, he lured teenage girls from their homes by