Kelly Rutherford has lost custody

Kelly Rutherford has lost custody of her two children with a Monaco judge making a final decision on the lengthy legal case that has seen her locked in litigation with her ex-husband for more than six years.

In devastating court documents seen by Daily Mail Online the actress’s worst fears have been realized as the Monaco judge has granted full custody to her German ex-husband, Daniel Giersch, 41, who will continue to live with the children in Monaco.

The court order stipulates that the parents must make decisions concerning nine-year-old Hermes’s and six-year-old Helena’s ‘health, schooling, religious education and any change of residence,’ jointly. But the children will live with their father with Kelly, 47, only permitted to ‘exercise her visiting and accommodation rights exclusively in France and Monaco.’ 

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Heartbreaking loss: Kelly got to spend time with her children, eight-year-old Hermes and six-year-old daughter Helena over the summer but the children will not be able to return to the US for visits

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