Kelly Rutherford testifies in Washington

‘Gossip Girl’ Kelly Rutherford Loses Last Ditch Custody Appeal For Kids In Monaco

Gossip Girl star Kelly Rutherford filed an emergency appeal after losing physical custody of her two children, but again, she was unsuccessful. Earlier this week, she lost a three-year battle to bring her two children back to the United States, but after this appeal, she was thwarted.

According to The Inquisitr, Rutherford is devastated that she will not even be able to bring her children to the United States for a visit, because she cannot be trusted to return them. The children, Hermes and Helena, will remain in Monaco with their father, and can visit with their mother in France or Monaco, but nowhere else. Rutherford currently lives in New York and receives support from her former husband, Daniel Giersch. Over the summer, the children visited New York, and another custody battle ensued when she would not return them to their father.

ABC News is reporting that Rutherford went back in front of the judge in a last ditch attempt to reset the custody schedule.

“The ruling deals a crushing blow in her highly-publicized six-year custody battle with ex-husband Daniel Giersch, who has lived with their children in Monaco and France since 2012.”

The decision was read, and was more demanding about the residence and travel of the children because Rutherford failed to return the children after the three week visitation in August in New York.

“In August, a New York judge ruled the children be returned to their father after Rutherford disobeyed a Monaco court order to send them back to Europe as part of a custody agreement. Days later, she spoke on Good Morning America.”

Rutherford is disappointed that the American court system has not supported her desire to regain custody of her kids.

“For three years, he did nothing,” Murphy said. “He violated his agreement. No American court seems to give a damn.”

The California court has relinquished control to the Monaco court.

People Magazine says that on the upside, Rutherford will be able to spend Christmas with her kids while in Monaco.

“She will, however, be allowed to see her children over Christmas. The Monaco court’s custody agreement states that she is allowed visitation during the second-half of their winter break from school this year.”

The decision to remove the children from Rutherford was sealed by her behavior this summer, according to Michael Stuntman of the family group who oversees international family relationships.

“Kelly’s failure to deliver the children… likely bought them a one-way ticket to Monaco. Given Kelly’s initial failure to send the children back, showing up without them was probably the nail in her coffin.”

Giersch pays Rutherford a travel stipend of three thousand euros a month to visit the children.

Perez Hilton is questioning what Kelly Rutherford will do now that the final verdict is in.

“To make matters worse, the blonde beauty may only execute her visitation rights within France and Monaco. However, a court stipulated that the former flames must decided on all matters regarding their kids’ schooling, health, and any change of residence together.”

The decision seems particularly heartbreaking as the holidays are approaching, and obviously, Rutherford was hoping to bring her children back to the states. For now, she can see them in Monaco or France, independent of their father.

Do you think the court decision not allowing Rutherford to bring the children back to the United States was fair?

[Photo courtesy of Kris Connor/Getty Images]