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Kelly Rutherford is granted sole custody of her children

A US judge has ordered that Kelly's ex return their kids to Los Angeles from Monaco

By Liz Bautista | Published: 6 Jul 2015

Kelly wins custody
Photo: kellyrutherford/Instagram

[Updated 6 July 2015] Kelly Rutherford was reunited with her children in New York City last Friday afternoon, after six years of a gruelling custody battle with ex-husband Daniel Giersch. It was a double celebration for the family as they all had cake for daughter Helena's belated birthday.

 

Belated birthday celebration! 💕🎂💕🎂💕

A photo posted by @kellyrutherford on

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After a long custody battle, Gossip Girl actress Kelly Rutherford has been granted temporary sole custody of her two children with her ex-husband, German businessman Daniel Giersch. 

Hermes, eight, and little sister Helena, five, have been living with their father in Monaco since 2012, but according to a California court order filed on 22 May both children must now return to the United States to live with their mum. A further court hearing is scheduled for 15 June.

The custody battle started in 2012 after Daniel's US visa was revoked, and a California judge ruled that Hermes and Helena are to live with him in Europe. Kelly was given visiting rights, but the actress's 41-year-old ex violated the ruling when he wouldn't let her see the kids during her most recent visit. Now she must wait to see if a Monaco court will uphold the US court's ruling.

"We are ecstatic, and hopeful that Monaco will respect the California court's ruling and send the children home. It has long been our position that Monaco has no jurisdiction because Hermes and Helena, as American citizens, have an absolute right to live in their own country," Kelly's lawyer Wendy Murphy told People.

Related: Leighton Meester is pregnant
Related: Hilary Duff's ex husband Mike Comrie fights for joint custody of their son


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