Kelly Rutherford attends the 'Farewell, My Queen' New York Screening at MOMA on July 9, 2012 in New York City. Credit: Stephen Lovekin/Getty Images

If Kelly Rutherford gets her way, her two children with ex-husband Daniel Giersch will be primary citizens of the United States.

On August 28, a judge ruled that the New York-based Gossip Girl actress' schedule is flexible enough to allow her to travel to and from Monaco to visit her kids, Hermes, 5, and Helena, 3. Giersch, who resides in the European sovereign city state, cannot return to the United States because of a revoked visa.

Rutherford and her millionaire ex-husband have been involved in a heated custody battle since they split in 2009. The actress, 43, has decided to appeal the judge's decision to co-parent on two separate continents.

"Kelly is grateful for the outpouring of support from her friends and legal experts who are shocked that American citizen children can be ordered to live in France simply because their father is banned from entering the U.S.," Rutherford's rep tells Us Weekly. "The children are scheduled to start school in New York next week and Kelly is hopeful the judicial system will expeditiously reverse this stunning turn of events."

The sixth and final season of Gossip Girl premieres October 8 at 9 p.m. EST on The CW.