News Kelly Rutherford loses custody of her two children Actress Kelly Rutherford attends Women's Health Hamptons 'Party Under the Stars' for RUN10 FEED10 at Bridgehampton Tennis and Surf Club on August 3, 2013 in Bridgehampton. Photo Credit: Getty Images for Women's Health / Janette Pellegrini Updated August 11, 2015 6:42 PM Print Share Share Tweet Share Email Kelly Rutherford left a Manhattan courthouse visibly distraught yesterday, after having her children taken away from her in an ongoing custody battle with her ex-husband, German businessman Daniel Giersch. "I have no words," the 46-year-old "Gossip Girl" actress told reporters outside of the courthouse. Supreme Court Justice Ellen Gesmer's decision to send Rutherford's two children, Hermes, 8, and Helena, 6, back to Monaco, where their father resides, is the latest in a yearslong international custody battle. The actress split from Giersch in December 2008 after two years of marriage. Giersch had reportedly labeled his ex-wife's actions as "child abduction" in the past, having disobeyed a Monaco court ruling that the children should remain in its state. Rutherford was ordered to bring the two children with her to the courthouse yesterday, which she did not. A source told Us Weekly that the children were taken to the airport to fly to Monaco soon after the judge's ruling. The messy battle will continue in Monaco in a court hearing scheduled for Sept. 3. Share on Facebook Share on Twitter Comments Comments section is temporarily on hold. Here’s why.