Rutherford refused to return her kids to their father in Monaco after their summer visit to the United States

By Lindsay Kimble
December 16, 2015 04:30 PM

Kelly Rutherford was banned from taking her children outside of Monaco and France by a judge on Tuesday – a heartbreaking court decision that lawyers predicted to PEOPLE as far back as August.

The former Gossip Girl star has spent six years in turmoil with her ex-husband Daniel Giersch, whose full custody over custody of their children, Hermes, 9, and Helena, 6, was upheld this week.

But the decision, however no surprise for several legal experts who were involved in or weighed in on the very public case.

In August, Rutherford refused to return her children to Monaco – where Giersch, Hermes and Helena have resided since 2012 – after they spent the summer with her in the United States.

At the time, New York Supreme court Judge Ellen Frances Gesmer ordered the actress return the kids immediately and said she did not “look kindly upon” Rutherford’s failure to comply with the orders regarding her children’s trip.

After the incident – which Giersch called “child abduction” – Michael Stutman, head of the family family group at Mishcon de Reya New York, told PEOPLE, “I would be surprised if she was allowed to take the children out of Monaco again without some level of security.”

He also said, “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.”

Stutman suggested that if it was difficult for Rutherford to travel to Monaco, she “should have thought of that before she pulled the stunt of not sending them back to their father.”

RELATED VIDEO: Kelly Rutherford Opens Up About Her Six-Year Custody Battle: ‘I’ll Never Give Up on My Kids’

Rutherford is now “only permitted to ‘exercise her visiting and accommodation rights exclusively in France and Monaco.’ ”

New York-based lawyer Susan Moss, a partner at Chemtob Moss & Forman who is not involved with Rutherford’s case, also recently told PEOPLE that Rutherford has “only herself to blame.”

Stutman, who is still uninvolved with either party, also spoke to PEOPLE again on Tuesday, saying, “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.”

He added, “Any responsible lawyer would advise her to end this crusade for custody.”