Kelly Rutherford's ex-husband has been granted custody of their two children.

Kelly Rutherford

Kelly Rutherford

The 'Gossip Girl' star has been locked in a bitter battle with Daniel Giersch over the care of nine-year-old Hermes and six-year-old Helena and now a court in Monaco - where the businessman lives - has ruled the youngsters must stay with their father.

According to the MailOnline, the former couple must make decisions concerning the children's "health, schooling, religious education and any change of residence" jointly, while the 47-year-old actress will only be permitted to "exercise her visiting and accommodation rights" in Monaco and France.

The two children will spend half of Christmas, spring and summer vacations with each parent, but their father will also have them for all of All Saints and the winter.

Kelly will receive a total of 3000 euros ($3,281) a month in maintenance.

The actress has fought to regain custody of Hermes and Helena since she lost them in a 2012 judgement she previously described as "shocking, illegal and abusive".

The dispute reached a head when Kelly refused to send her kids back to Daniel in Monaco after they spent the summer with her in the United States. A judge subsequently ordered for the kids to be sent back.

Kelly has filed an appeal and did not want to comment on the ruling.

Tagged in