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Kelly Rutherford loses 6-year child custody battle, is expected to appeal

By Marilyn Malara
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Kelly Rutherford arrives on the red carpet at the American Hustle premiere at the Ziegfeld Theatre in New York City on December 8, 2013. According to reports, Rutherford faces another setback in her ongoing legal battle for custody of her two children. File Photo by John Angelillo/UPI | <a href="/News_Photos/lp/08882fe03faa477adf6c683a6002e8fd/" target="_blank">License Photo</a>
Kelly Rutherford arrives on the red carpet at the American Hustle premiere at the Ziegfeld Theatre in New York City on December 8, 2013. According to reports, Rutherford faces another setback in her ongoing legal battle for custody of her two children. File Photo by John Angelillo/UPI | License Photo

LOS ANGELES, Dec. 16 (UPI) -- A judge in Monaco has decided Kelly Rutherford's two American-born children cannot return to the United States.

The actress is instead free to visit her son Hermes, 9, and Helena, 6, in France or Monaco, where her ex-husband Daniel Giersch resides, ABC News reports. Giersch has had custody of the children for the majority of their lives.

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Rutherford will be allowed to appeal the ruling, which calls for the children to remain in Monaco and France indefinitely without trips to the United States, and will be heard later this week, TMZ reports.

The Gossip Girl actress has been fighting for custody of her children for six years, since she and Giersch divorced in 2009. While New York and California juggled jurisdiction over the case, power was eventually given to Monaco. The children spent this summer in the United States with Rutherford, who released a statement toward the end of their visit bringing the public up-to-date with the battle.

"I believe Monaco appreciates why it cannot assert jurisdiction over my children, and that Monaco will respect my children's right to reside in their own country," she said. "I pray that officials in this country and in Monaco will agree that three years in exile is a very long time in a child's life, and that my children have a right to remain, once and for all, in the United States."

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In response to the reported legal decision, Rutherford took to social media to post inspirational quotes vaguely speaking to her situation.

"Dear world -- we can do better and we will. That's all. And that's everything," a graphic posted to her Instagram early Wednesday said. On Tuesday, Rutherford added another graphic reading, "Choose and direct yourself to be peaceful inside regardless of what's happening outside."

A photo posted by @kellyrutherford on

@cleowade ❤️🙏

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A photo posted by @kellyrutherford on

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