Kelly Rutherford Loses Three-Year Custody Battle

Kelly Rutherford's lengthy custody battle has come to an end, but not the way she had hoped. Her two children will remain with her former husband in Monaco. Rutherford's ex-husband, who she tried to block from even having visitation, has won the battle and now has full custody of both children.

The Daily Mail is reporting that Rutherford's ex-husband, Daniel Giersch, is now the full custodian of Hermes and Helena. Rutherford can only visit the children in France and/or Monaco under the direction of Giersch.

"In devastating court documents seen by Daily Mail Online the actress's worst fears have been realized as the Monaco judge has granted full custody to her German ex-husband, Daniel Giersch, 41, who will continue to live with the children in Monaco."

Rutherford had hoped to move the children back to the United States, but that is not to be. The parents will jointly make decisions about health, schooling, and religion, but their father will maintain their central household.

"Kelly and her ex-husband have been embroiled in a vicious battle since before their divorce was finalized in 2009 when she was pregnant with Helena. The couple had married just three years earlier shortly before the birth of their son, Hermes."

Rutherford says that this battle has been so devastating that she had to declare bankruptcy in 2013.

TMZ is reporting that Rutherford has called for an emergency appeal hearing for later this week, but the outcome is expected to remain the same.

"The children -- who are U.S born citizens -- were last in this country during the summer. Kelly was devastated after an August hearing though that sent them back to Daniel in Monaco, and they've been there ever since."

The children will not be able to be alone in the States with Rutherford, as the court has said she has stated that she wouldn't return the children to Monaco.

Hollywood Life has said that Rutherford is heartbroken that she will never be able to live full time with her own children.

"After a long, emotional court battle, Kelly has officially lost custody of her two children, according to the Daily Mail Online. So awful. The heartbreaking news comes on the heels of her last visit to Monaco to meet with a judge about her custody agreement with Daniel. The report claims that the judge ruled that both kids will remain with their dad in Monaco and that's final — literally that is the final ruling. Another shocking part was the ruling only permits kelly to 'exercise her visiting and accommodation rights exclusively in France and Monaco.' Seeing that both kids are citizens in the United States, that comes as a huge surprise."

Details about why the children, American citizens, are not allowed to live in the United States is still unclear, and why the children are at risk of being outside of France or Monaco are also unclear. It is possible that Rutherford's refusal to return the children to their father this summer after a visit in New York might be one reason. The children are cared for in Monaco by their father and their paternal grandmother, also a German citizen.

"My first priority is to protect my children," Kelly had told Good Morning America. "Their safety is my priority. I'm a mother first, and from the beginning, I said I would fight for my children. I think most parents would."

Rutherford is still questioning the children's safety with their father.

Do you think Kelly Rutherford has any chance at overturning the custody decision?

[Photo courtesy of Richard Drew/AP]