Court documents reveal Rutherford's appeal to overturn a New York judge's August ruling were denied

By Lindsay Kimble
December 17, 2015 11:55 AM
Eugene Gologursky/Getty

Kelly Rutherford has been dealt another blow in her attempt to win back custody of her children and return them to the U.S. after losing a last-ditch appeal in U.S. courts.

A U.S. appeals court has refused to hear her appeal of a New York judge’s ruling that gave her ex Daniel Geirsch custody of Hermes, 9, and Helena, 6, last summer.

Earlier this week, a Monaco judge granted full custody of the children to Giersch and banned Rutherford from bringing them to the U.S.

The children, who have lived with their father in both Monaco and France since 2012, will now only be able to see Rutherford in Europe.

She will, however, be allowed to see her children over Christmas. The Monaco court’s custody agreement states that she is allowed visitation during the second-half of their winter break from school this year.

The latest U.S. ruling stems from Rutherford’s appeal filing to overturn a New York judge’s decision in August to return her children to their father after the Gossip Girl star refused to send them back to Monaco following a summer visit.

The dual court decisions were no surprise to experts, who previously weighed in on the battle to PEOPLE.

Back in August, Michael Stuntman, head of the family group at Mischcon de Reya New York, told PEOPLE, “Kelly’s failure to deliver the children… likely bought them a one-way ticket to Monaco. Given Kelly’s initial failure to send the children back, showing up without them was probably the nail in her coffin.”

As part of the Monaco order, Rutherford and Giersch must make “any important decisions concerning health, schooling, religious education and any change of residence,” together, according to court documents.

The actress will also receive a monthly 3,000-euro stipend to support her visits to Europe to see her children.