Kelly Rutherford Loses Residential Custody Of Her Children

Kelly Rutherford is said to be devastated after a judge in her divorce case ruled that her her five-year-old son and three-year-old daughter can remain with their father in France, where he currently resides.

The Gossip Girl actress has been fighting for sole custody of Hermes, 5, and Helena, 3, so she may keep them in the country. Her ex-husband, Daniel Girsch, is barred from returning to the U.S. because of a revoked visa.

The judge ruled that Kelly has a flexible schedule and can go back and forth to France to spend time with her kids. The court gave Kelly the right to have the children -- ages 5 and 3 -- 50% of the time.

A spokesperson for the actress says that "An appeal is already in the process" and that 'Kelly will never stop fighting for her children."

Photo: MICHAEL LOCCISANO/WIREIMAGE; GETTY