Kelly Rutherford Loses Custody of Kids After Brutal Six-Year Battle: Reports

Kelly Rutherford
Kelly Rutherford has reportedly lost custody of her son Hermes, 8, and daughter Helena, 6, following a six-year battle with her ex-husband Cindy Ord/Getty Images

Kelly Rutherford has reportedly lost custody of her kids — Hermes, 8, and Helena, 6. The ruling is the latest update in the actress' ongoing custody battle with her ex-husband, Daniel Giersch.

According to Daily Mail, a Monaco judge awarded Giersch full custody of their children. Hermes and Helena will continue to live with the German businessman in Monaco. They will no longer be allowed to visit Rutherford in the U.S., and the star will only be able to visit them in France and Monaco.

In addition, the exes will make decisions together about their children's "health, schooling, religious education and any change of residence." They will split Christmas, spring, and summer vacations, and Rutherford will receive $3,281 a month for her travels.

TMZ reports that Rutherford is appealing the decision and her appeal is expected to be heard later this week.

As previously reported, Rutherford, 46, filed for divorce in December 2008 after two years of marriage. (The Gossip Girl alum was three months pregnant with Helena at the time.) In June 2013, Rutherford filed for bankruptcy after spending nearly $1.5 million on legal fees. That December, the court ruled that Giersch no longer had to pay for their children to visit Rutherford in the States.

Kelly Rutherford and children Helena and Hermes attend the Ovarian Cancer Research Fund's Super Saturday NY at Nova's Ark Project on July 25.
Kelly Rutherford and children Helena and Hermes attend the Ovarian Cancer Research Fund's Super Saturday NY at Nova's Ark Project on July 25. Sonia Moskowitz/WireImage

Back in August, Hermes and Helena visited Rutherford in NYC. Their emotional reunion, however, ended shortly after Rutherford declined to bring them to a court hearing. In response, a judge ordered her to return them to Giersch.

Three days later, Rutherford discussed the heart-wrenching decision during a TV interview. "I walked into a courtroom where everything felt like it was already done. It was a done deal," she told Robin Roberts on Good Morning America. "And his mother was sitting there with plane tickets, smiling, ready to take them. Nobody had heard our argument."

She continued: "I was accused of things that I wasn't even able to defend. Kidnapping. [Giersch] was in communication with them every day. You know, I talked to my lawyers, they were saying, 'This is concerning on many levels.'"

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