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daniel giersch

It's very sad news to Kelly Rutherford this morning as she has lost the custody of her two children AND can no longer raise them in the United States. 

A Monaco judge has granted full custody of Hermes who is 9-years-old and Helena, who is 6-years-old. 

The Daily Mail reports that the children – who have lived with their father in Monaco and France since 2012 – will remain with their father Daniel Giersch and, while both parents must make decisions concerning their kids' lives jointly. 

Kelly is "only permitted to exercise her visiting and accommodation rights exclusively in France and Monaco."

Most recently, Kelly refused to put Helena and Hermes on a plane to Europe to live with Daniel. Then in August, Daniel declared that Kelly was kidnapping her children in doing so. 

"Kelly's visitation rights can only be used in France and Monaco, and the reason for that is because, this summer when she had visitation in America, she refused to return the kids, and courts really don't like self-help."

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Since 2008, Kelly Rutherford has been fighting a brutal and very public custody battle with her ex-husband Daniel Giersch.

In a recent Vanity Fair feature, the former Gossip Girl actress, 46, spoke in detail about the legal battle during which her children ended up living in Monaco with their German father. 

"Daniel was subtly verbally abusive," she said of her ex-husband, 41.

"He was trying to alienate me from everyone in my life—my parents, my brother. I didn’t want any money from Daniel. I wanted us both to be great parents. I wasn’t asking for full custody."

She first filed for divorce in December 2008, when she was three months pregnant with Helena.

"Divorce is a total racket… Everyone's making tons of money off of stupid people who don’t settle out of court.

For my ex-husband,  with unlimited funds, who sued Google, this is just his sort of side fun project,” she explained.

Kelly however was forced to declare bankruptcy in May 2013 after seven years of lawyers' fees, which have been reported as costing close to €2 million.

"I sold everything — every stock, everything I owned," she says. "I went through my pension; I was living in my friend's maid’s room.”

She explained that while her family offered their support, they told her that she wouldn’t be able to continue paying the legal fees.

In August, she was ordered by a judge to send her children back to Monaco to be with their father. She briefly fought the decision due to confusion over jurisdiction, but was forced to send her children to Monaco.

"My children and I have lost years of dailiness. How do you get those years back?" Rutherford said in her Vanity Fair interview. "There is no way I am not going to fight to get my children back."

Former co-stars of the actress, including Ed Westwick also spoke to the magazine in support of Kelly:

She was amazing and caring to her children," he said, "She was how you would want your ideal mother to be. Most of the rest of us were teenagers and she was like our mother." 
 

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On Tuesday a court in New York ordered that actress Kelly Rutherford, 46, hand over her two children to her ex-husband who is based in Monaco.

Now, one day later, the Gossip Girl star has declared the court ruling as “shocking, illegal, and abusive.”

Kelly and her ex-husband Daniel Giersch have been involved in a legal disoute surrounding the custody of their two children, Hermes, 9, and Helena, 6, for over 4 years. The ruling on Tuesday insisted the pair be returned to Monaco because their U.S summer holiday has now finished.

In a statement released to BuzzFeed News, Kelly has slammed the judge for “violating” the rights of her children and “effectively arresting them.”

A lawyer for Daniel, 41, has said they were “pleased that the American judicial system has prevailed.”

Kelly meanwhile has said:

“The judge did not listen to one word I said and instead demanded that the children immediately be taken from my custody, and handed over to the lawyers for delivery to an airport.”

She believes it was a “cruel” thing to happen to any child.

The custody issues between the two began in 2008 when Daniel, a German citizen faced issues with his visa. In 2012 a judge in California ordered that he and the two children move back to Europe until his visa issues had been resolved.

Kelly has said in her statement that she “will continue to fight for my children, and one day I will land in the courtroom of a decent judge.”

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