Actress Kelly Rutherford and her ex-husband Daniel Giersch have been in an nasty custody battle ever since they split in 2008 and now, she has officially lost custody of their two children, Hermes, 9, and Helena, 6, according to People. Rutherford will no longer be able to bring her children to the United States since a Monaco judge has granted Giersch full custody.
The children, who have been living with their father in Monaco and France ever since 2012, will remain with their father while Rutherford, 47, is "only permitted to 'exercise her visiting and accommodation rights exclusively in France and Monaco,'" according to leaked documents obtained by Daily Mail.
The documents also state that the exes will need to make decisions together about their children's "health, schooling, religious education and any change of residence." They will have to split Christmas, spring and summer vacations and Rutherford will receive $3,281 a month for her travels.
Giersch maintains the court-appointed right of sole custody over their children because of what most recently happened between Rutherford and the two children. In August, Rutherford refused to put Helena and Hermes on a plane to Europe at the end of their summer vacation and Giersch considered the controversial decision a kidnapping, as HNGN previously reported.
"[Rutherford'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," New York-based lawyer Chemtob Moss, who is not involved with the case, told People, after Rutherford's appeal was denied. "Kelly Rutherford has only herself to blame. She is the reason why she lost custody of these kids."
