Gossip Girl star Kelly Rutherford 'to appeal' after ex Daniel Giersch wins child custody ruling

By Mike Larkin

PUBLISHED: 23:54 EST, 12 December 2013 | UPDATED: 23:54 EST, 12 December 2013


Their custody battle is so bitter a judge had to order them to be civil to one another.

And it seems Kelly Rutherford is as keen as ever to win despite a court just ruling her ex Daniel Giersch should retain custody of their two children.

The Gossip Girl actress, who has been representing herself after going bankrupt, is planning to appeal the decision after it went in favour of the German entrepreneur.

Victory: But Kelly Rutherford intends to appeal the court's decision to keep her children with Daniel Guersch in her flamboyant ex's company

Victory: But Kelly Rutherford intends to appeal the court's decision to keep her children with Daniel Guersch in her flamboyant ex's company

She is furious at the decision the millionaire will no longer be required to transport seven-year-old son Hermés and daughter Helena, four, from Monaco to New York in order to visit their mother.

Kelly told E: 'It strikes me as outrageous and unconstitutional that children can be effectively deported in order to accommodate their exiled father, with no proof of why he can't be in the U.S.'

The businessman's American visa was revoked in August 2012, and four months later a judge their children should live in the wealthy principality with their father.

What a carry on: Kelly has to jet all the way to Monaco if she wants to see son Hermes and her daughter

What a carry on: Kelly has to jet all the way to Monaco if she wants to see son Hermes and her daughter

It was decided his former wife's schedule was flexible enough to allow her to travel, while it will not be until next year Daniel's eligibility to enter the United States and the well being of their children will be reevaluated.

However she is getting to spend Christmas with her brood, and will soon travel to France to pick up them up and bring them back to America.

Kelly is claiming she has flown back and forth 45 times since her custody battle with Daniel began in 2009, a year after they split up while she was pregnant with their daughter.

Earlier this month the couple were ordered to 'exchange polite and friendly greetings' when dropping off and picking up their children.

Daniel, 39, can only speak in English during their hand offs, while the one-time couple must also follow a script included in the court order in certain situations, such as in the event one child doesn't want to leave a parent.

'Have a great time with [other parent]. I'll talk to you tomorrow,' the docs order the adult to say to the child. The adult then must say to the other parent, '[Name], please come and help me.'

The court awarded Daniel full custody in September 2012, forcing Kelly to fly to Monaco in order to see them.

The bitter battle began in 2009 when Kelly, who was pregnant with Helena at the time, left Daniel after his visa was revoked.

She recently said: 'Having to peel my son off my body, screaming, "Mama, save me!" when I had to give him to his father—not because he doesn't love his dad, but because he's too young and it was like a forced thing.'

The former Melrose Place star has had a tough year.

In May, she filed for bankruptcy after 'spending $1.5 million on divorce and custody battle.'

It is claimed in court documents she has $2,021,832 in debts and assets that total $23,937.

Frequent flyer: The Gossip Girl star, pictured here with Hermes and Helena in NYC earlier this year, often has to travel to Monaco to see her children

Frequent flyer: The Gossip Girl star claims she has made transatlantic journeys 45 times since 2009


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It's good to see the father get custody for a change.

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What an absolute nightmare. That these two adults can't be civil and come to a fair arrangement is dreadful, the poor children will be scarred by this.

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I bet this guy is cock-a-hoop that he doesn't have to pay maintenance to his ex-wife now. This seems to be happening a lot in US courts. The sad fact of the matter is that men can tire quitely quickley of the responsibility and then they just farm the kids to a nanny. The excitement of not having to pay out, quickly loses its sparkle when you realise that your own liberty is severely curtailed and your life goes on hold for about 20 years...

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How horrible.

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The US courts ruled in her favor. Simply don't return the children to France after the holidays. Problem solved.

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I think it serve her right...she appears to be very manipulative and a arrogant.

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She tried to turn the kids against their father and she lost custody as a result. That important fact is missing from the story!

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So sad that it came to this. Even though they want to kill each other, they should have had the common sense to remain civil for the kids, knowing that they just have to shut up and get on with it. The poor kids.

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Interesting how the United states government does not seem to care that two United States citizens, her children, are denied living in their own country and have been stripped of their mother. This is a heinous crime on so many levels but most of all, they have been stripped of their identities and heritage by a malicious father who clearly has a mental illness. We are all behind you Kelly!

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Speak for yourself AJlind... I'm not behind her, or your nonsensical ranting, at all. I'm with the father, who clearly provides the more stable environment for the kids... and it may come as some surprise for you to hear this, but America in NOT the best place in the world to raise kids (Monaco is richer per capita than the US, and the standard of living index rates it far higher than America).... And the children are half German, meaning that their heritage and citizenship is as much European as American.

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Kelly obviously has major issues otherwise she wold have custody. She was a total witch during their divorce, badmouthed him on TV and did not even inform him when the youngest was born. The judge awarded custody to Dad for a reason. the losers here are the kids because both of the parents are acting like a holes.

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This is very sad for the children involved, no doubt it is a very tense situation for them. As for the parents, well, they chose one another. In any relationship I have been in that has not ended well I can clearly look back and see warning signs of "crazy" that I overlooked, as it is for most reasonable people. Perhaps they need to stop being so selfish and realize now their "crazy" doesn't matter, only creating a life for these two little people.

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