Kelly Rutherford Loses Custody of Children: Kids to Remain in Monaco

Kelly Rutherford has received the devastating news she lost custody of her two children to her ex-husband, Daniel Giersch. A Monaco judge ruled that Giersch will have full custody of the children, who will not be returning to the United States. Rutherford's son and daughter will remain in Monaco with their father.

A judge ruled that Rutherford and Giersch's two children will remain in Monaco and not return to the United States.

The Gossip Girl actress has been battling her ex-husband over custody over their son and daughter for over six years. The court ordered that both parents will make decision on the "health, schooling, religious education and change of residence of the children."

Rutherford, 47, will only be allowed to visit nine-year-old Hermes and six-year-old Helena in France and Monaco.

Rutherford filed for divorce from Giersch after only two years of marriage in December 2008, while she was three months pregnant with her daughter Helena. She is set to receive $3,281 a month in maintenance.

The actress left court almost in tears today, telling reporters, "I have no words at this moment, no words." She adds, "I think like any parent would feel, you know. It's their kids."

The actress actually had to file for bankruptcy after spending $1.4 million battling her ex-husband for custody.

In August, Rutherford visited her children in New York City, but the actress flatly refused to return the children to Giersch.

At that time, the actress told Robin Roberts on Good Morning America, "I walked into a courtroom where everything felt like it was already done. It was a done deal. And his mother was sitting there with plane tickets, smiling, ready to take them. Nobody had heard our argument."

Rutherford was accused of kidnapping her children, with many questioning her mental state.