Gossip Girl’s Kelly Rutherford denied custody request, vows to appeal

The international custody war rages on between former Gossip Girl star Kelly Rutherford and her German businessman ex-husband Daniel Giersch.

E! News is reporting that a judge has recently ruled in favor of Giersch, who will maintain physical custody of the couple’s children Hermes (7) and Helena (3). The father will no longer be required to transport his children from Monaco to New York City, where Rutherford lives.

Rutherford filed bankruptcy earlier this year after spending “$1.5 million on the divorce and custody battle.” Court documents claim that Rutherford has $2,021,832 in debts and assets that total $23,937.

Giersch’s American visa was revoked in 2012 and a judge ruled months later that the children must live in Monaco with their dad. It was deemed that Rutherford’s schedule was flexible enough to allow her to do the necessary traveling.

Kelly, who acts as her own attorney and plans an appeal, 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 45-year-old is set to pick up her children in France and bring them back to the U.S. for the holidays. Kelly claims that she has made 45 back and forth trips since the couple’s custody battle began in 2009.

Kelly Rutherford with Hermes and Helena – 08/11/2013

To highlight just how embittered the split has become, a judge earlier this month ordered the two to “exchange polite and friendly greetings” when dropping off and picking up their children. In certain cases, like if one of the kids doesn’t want to leave one parent they have to abide by the following script:

To the child: “Have a great time with [other parent]. I’ll talk to you tomorrow.”

To the other parent: “[Name], please come and help me.”

Rutherford is scheduled to speak at a National Organization for Women luncheon in Washington D.C. today about her case.