Kelly Rutherford vows to appeal the judge's decision to give her ex-husband primary custody of their two children. Credit: Brian Ach/Getty Images for YPlan

It hasn't been an easy year for Gossip Girl actress Kelly Rutherford, whose on-going international custody battle with ex-husband Daniel Giersch has left her two children -- son Hermés, 7, and daughter Helena, 4 -- in Monaco with their father. 

In a recent custody hearing, Us Weekly can confirm that a judge ruled in favor of Giersch, who will no longer be required to pay for his children to visit their mother. 

Rutherford, 45, who currently lives in New York City, released a statement to Us Weekly about the ruling, saying, "What have we come to that American children can be deported from their own country - without doing anything wrong? The mother did nothing wrong...yet the mother and her children get punished? The father who isn't even American wins. In an American court of law." 

The actress, who is best known for playing fashion-forward mother Lily van der Woodsen on Gossip Girl, declared bankruptcy in June 2013, mostly due to her endless legal fees over this custody case. 

She will soon travel to France to pick up her children and bring them back to New York for Christmas.