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Rutherford spent the holidays in Europe

By Lindsay Kimble
Updated January 10, 2016 01:35 PM
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Kelly Rutherford was back in New York City on Saturday after spending the holidays in Europe, likely with her children Hermes, 9, and Helena, 6.

The Gossip Girl star – who just lost custody of her kids – was photographed walking with boyfriend Tony Brand. It appears she has been back in the city for several days, according to her Instagram account.

Rutherford was smiling and wore head-to-toe black and gray for the outing. She hasn’t been seen publicly in N.Y.C. since a Monaco judge banned her from bringing Helena and Hermes to the United States in December.

The custody battle between the star and her ex-husband Daniel Giersch has continued for several years. The latest settlement states that she may only visit the kids in Monaco and France (where Giersch lives). She was granted visitation during the second half of their winter break from school at the end of 2015. Rutherford also now receives a monthly 3,000-euro stipend to visit Europe and the children.

Kelly Rutherford Opens up about Her 6-year Custody Battle: ‘I’ll Never Give up on My Kids’

“Children need both parents,” Rutherford told Elle Romania of the court decision. “You do not want to make them suffer. I hope that this story be an example to others … Now, I want them to be happy, to know that they are loved. No matter how long it takes this, I want them to know the truth.”

She added that she will use her story to raise political awareness of custody cases like hers.

“Perhaps activists will increase because of this situation,” she says. “I hope that something good will come of it.”