Judge Denies Kelly Rutherford’s Custody Petition

Posted Friday December 13, 2013 4:00 PM GMT

It’s going to be a difficult Christmas season for Kelly Rutherford, as she has failed to obtain custody of her two children.

According to a report, the “Gossip Girl” actress was shot down by a family court judge when she petitioned for full custody of Hermes (7) and Helena (4), who currently reside with her ex-husband Daniel Giersch in Monaco.

Of course, Rutherford isn’t calling it quits on her cause and plans to file an appeal as soon as she’s allowed.

Kelly explained, "It strikes me as outrageous and unconstitutional that children can be effectively deported in order to accommodate their exiled father without knowing why he can't come back in and he has not been required to make any efforts to try to get back to the U.S. by the U.S. courts.”

Photo Credit: Getty Images

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