After more than half a decade of fighting for the custody of her kids, Kelly Rutherford has lost the battle.
In devastating court documents obtained by Daily Mail, a Monaco judge granted full custody to her German ex-husband Daniel Giersch who continues to live with their two kids in Monaco.
The court order stipulated that Rutherford and Giersch must make joint decisions concerning 9-year-old Hermes' and 6-year-old Helena's "health, schooling, religious education and any change in residence." The children will remain living with their father while Rutherford is only permitted to "exercise her visiting and accommodation rights exclusively in France and Mexico."
The court order also indicated that the children will spend half of Christmas, spring and summer vacations with their father and half with their mother. Furthermore, Giersch will be receiving the lion's share of contact as the children will not only live with him but spend all of All Saints and the winter with him. On the other hand, the former Gossip Girl actress will receive a total of 3000 euros or $3,281 a month in maintenance.
This decision is the latest and final blow for the actress who has fought to regain custody of her children after losing them in a 2012 judgment which she described as "shocking, illegal and abusive."
Rutherford said, "It was the most cruel act against a child I have ever witnessed in my entire life."
However, law experts pointed out that the actress has no one else to blame but herself. New York-based lawyer Susan Moss who is not involved in Rutherford's case shared her professional opinion to People saying, "Kelly Rutherford has only herself to blame. She is the reason why she lost custody of these kids."
Another attorney, Michael Stutman who is the Head of Family Group at Mischon de Reya New York agreed with Moss. He said, "The actions of Ms. Rutherford leading up to this ruling make the decision to award custody to Mr. Giersch the furthest thing from a surprise."
Previously, during one of the kids' summer vacation with Rutherford, the actress refused to send them home back to Monaco. Giersch considered the act as tantamount to kidnapping and the actress was ordered by the court to send the children back to their father.
