A judge has ruled that Kelly Rutherford can no longer fight for full custody of her children in the state of California. Her son Hermes, 8, and daughter Helena, 6, have been living with her ex-husband, Daniel Giersch, in Monaco since 2012, after his U.S. visa had been revoked. In 2013, a judge ruled that Giersch was no longer required to pay for trips for his children to visit Rutherford in the States. The Gossip Girl actress was granted temporary custody by a California judge back in May.

We are extremely disappointed with the Ruling,” Rutherford’s attorney, David J. Glass, told Us Weekly. “Although the Court agreed with our analysis of the law, and in fact agreed with our position that citizens can have more than residence for jurisdictional purposes, the Court ultimately did not agree with us on the facts.” Rutherford and Giersch divorced in 2008 and have been in a tumultuous custody battle ever since. According to People, Rutherford has traveled back and forth to see her children more than 70 times. In 2013, she filed for bankruptcy after her assets were drained from travel expenses and legal fees.


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