It's been three years since Gossip Girl actress Kelly Rutherford and millionaire Daniel Giersch called it quits, but their custody battle is far from over.
Giersch, who resides in Monaco, cannot return to the United States because of a revoked visa. Rutherford had previously sought for sole custody of son Hermes, 5, and daughter Helena, 3, to keep them in the country.
On August 28, a judge ruled that Rutherford's schedule is flexible enough to allow her to travel to and from Monaco to visit her children. A source tells Us Weekly Giersch is "very relieved" by the judges' decision, "otherwise he would have been cut off completely from the kids. Now they can really have two parents in their lives, which he feels is best for them."
Rutherford -- who resides in New York City, where Gossip Girl is filmed -- plans to appeal the judge's decision to co-parent her children with Giersch in Monaco.
For now, Rutherford, 43, "is gratified by the outpouring of support she's received," the actress' rep tells Us in a statement. "She is devastated that her American citizen children were ordered to live overseas to accommodate their father because he's banned from entering the U.S."