After years of battling to get custody of her children, "Gossip Girl" actress Kelly Rutherford lost against to her ex-husband Daniel Giersch as a Monaco judge ruled in favour of Giersch for their two children, Helena and Hermes, to live solely with him in Europe.

Since Rutherford has a career in the U.S. and is living there, it is only natural for her to request that her children, Hermes, 9, and Helena, 6, to be able to live with her in the country. However, decisions were finally made in the lengthy litigation, as reported by the Daily Mail Online.

Since the final decision hasn't been handed down yet, Rutherford reportedly filed an appeal three days ago, according to E! News.

The Daily Mail Online obtained court documents, which reveal that the judge has granted full custody to Rutherford's 41-year-old German ex-husband Giersch. Although in the aspect of their children's "health, schooling, religious education and any change of residence," the two remain to have the joint decision, Rutherford is apparently out in terms of the children's residence, which will be with their father.

However, the news outlet reveals that the 47-year-old actress will still "exercise her visiting and accommodation rights exclusively in France and Monaco," the court documents obtained by the news agency reads. Furthermore, Rutherford will also be receiving €3,000 or $3,281 a month for maintenance.

This coming Christmas, the siblings will be able to spend half of the holidays including half of spring and summer vacations with their father and half with their mother, the publication revealed. The news also comes after Rutherford broke her silence on her social media, posting a cryptic message in a snapshot of a quote that reads, "Choose and direct yourself to be peaceful inside regardless of what's happening outside," the star posted on Instagram.


Rutherford and Giersch separated and filed for divorce in 2008 and was finalized in 2010 when the actress was pregnant with her second child, Helena, E! News reports. The custody battle between the former married couple has been lengthy and complicated as there have been several decisions and reversal of those decisions.

The two initially had a joint custody agreement; however, in 2012, the children were ordered to stay with their father in Monaco after a judge's decision since Giersch's U.S. visa was revoked then another U.S. judge ordered in favour of Rutherford granting physical custody to her, the news outlet reports.