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Actress Kelly Rutherford has been fighting for custody of her two children for six years, and it now appears that she may have lost the battle for good.

Kelly Rutherford Red Carpet Photo

The children’s father, Daniel Giersch, is not an American citizen and is unable to legally reside in the US. As a result, a judge determined that the kids should live with him in Monaco, as he would be unable to visit them in the States.

Rutherford has gone bankrupt battling the decision, and for a brief period back in May, it looked as though her efforts would be successful.

Rutherford was awarded sole custody and immediately made plans to fly the children to LA, where they would live with her permanently.

Before she was able to do so, however, Giersch appealed the decision and Rutherford was blocked from bringing the kids home.

Now, the 46-year-old television star best known for her work on Melrose Place and Gossip Girl has been dealt another crushing blow, and her fight to regain custody of her children may be over.  

A California judge threw out Rutherford’s case today after determining that the matter had already been settled by a court in Monaco.

As a result, Giersch will retain full legal custody of 8-year-old Hermes and 6-year-old Helena.

Rutherford will no doubt appeal the decision, but at this point, it appears that she has little legal recourse.