Will Hart/NBC(NEW YORK) — After six years in and out of court, one actress’ personal drama might be coming to an end.
A California judge sided with Gossip Girl star Kelly Rutherford in a custody dispute on May 22, awarding her “sole and legal” temporary custody of her children, Hermes, 8, and Helena, 5, allowing her to retain their U.S. passports so they can return home from Europe, where they’ve been living with their German father and Rutherford’s ex, Daniel Giersch, since 2012.
Rutherford filed for divorce in 2009 and the former couple was supposed to share custody of their children. But when Giersch was refused re-entry to the United States following a trip abroad, a judge ruled Hermes and Helena should reside in France with their father. Rutherford had to fly abroad to visit them.
Rutherford wasn’t accused of any wrongdoing. In fact, the judge agreed that Rutherford had been an excellent parent, but nevertheless felt that it would be in the “best interest” of the children for them to be in one place — even if it was outside the United States — rather than having them fly to see their father.
“I know it’s not right. Parents know,” the actress told ABC News in April. “Everyone knows it’s not right.”
But the 46-year-old mother says when she arrived in France on Thursday, Giersch would not allow her to see the kids until she handed over their passports, prompting her to ask a California court to intervene.
Rutherford first took her case to federal court where her request to get her kids back was denied.
She’s traveling to Monaco this week to retrieve her children, telling ABC News she is “optimistic that Mr. Giersch, after reviewing the order, will cooperate fully.”
Her attorney adds, “Ms. Rutherford is grateful for the decision rendered by the California court and is looking forward to being reunited with her children. We are now focusing all of our energies on obtaining the return of the children from Mr. Giersch.
Giersch has not returned ABC News’ request for a comment.
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