Kelly Rutherford has lost her bid to move her two children from Europe to New York, the latest setback in her long-running battle with her ex-husband.
A court in Monaco ordered that the two children — Hermes, 9, and Helena, 6 — will continue to remain with their father, Daniel Giersch, in Europe, a source familiar with the legal proceedings confirmed to BuzzFeed News Wednesday.
The ruling means that Rutherford retains joint custody, but can only exercise her visitation rights in France and Monaco. Rutherford will also continue to share joint parental authority with Giersch for important decisions regarding the children's welfare.
Giersch, meanwhile, was also ordered to pay Rutherford approximately $3,281 a month in support and to obtain German passports for the kids.
Rutherford is appealing the decision.
Gossip Girl star's battle with Giersch began shortly after she filed for divorced in 2008 when she was still pregnant with daughter Helena.
Shortly after, Giersch had problems with his visa and in 2012, a California judge ordered that the two children move back with him to Europe until his residency issue was resolved.
Rutherford later objected in court papers, contending Giersch made no attempts to resolve his visa issue and return with their children to the U.S.
In May, a California judge granted Rutherford sole custody, but that ruling was later overturned when the court decided it did not have jurisdiction over the case because neither party was a state resident.
Rutherford said that her children were supposed to return after a stop over in France and Monaco, but that more than two years "is not temporary."
The battle escalated this summer when Rutherford refused to send the children back after they spent summer break with her. Giersch’s attorney demanded an immediate court hearing and a New York judge ultimately ordered the minors returned to their father in Europe.
Rutherford posted this Message after the court's decision:
In 2013, Rutherford cited the strain of flying back and forth to visit her children as the reason she had to file for personal bankruptcy.
She also went before Congress in support of the Sean and David Goldman International Child Abduction Act, which gives the State Department authority to bring American children abducted and taken overseas back to the U.S.
Rutherford referred to her own custody battle as “legal kidnapping” in establishing the Children’s Justice Campaign.