Kelly Rutherford got some rough news in her custody battle with her ex-husband, after a judge ruled that the former couple’s two children can remain in France with their father.
Rutherford filed for divorce from German businessman Daniel Giersch back in December of 2008, and the couple has been locked into a custody battle for their two children ever since.
Giersch has since moved to France with the children, Hermes, 5, and Helena Grace, 3, due to U.S. visa issues, and Rutherford was in family court on Tuesday attempting to get her children brought back to America.
The judge in the case turned down her request, claiming that her schedule allows for her to fly to France on a regular basis to spend time with the kids, who she has shared custody of.
TMZ reports that the ‘Gossip Girl’ actress is planning to file an appeal.
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