Kelly Rutherford’s custody request denied

Kelly Rutherford/Instagram

According to E! News, Rutherford was denied custody of her two children, son Hermes, 7, and daughter, Helena, 4½, after a judge decided that her two children will continue to live with their father, German millionaire Daniel Giersch, in Monaco.

“It strikes me as outrageous and unconstitutional that children can be effectively deported in order to accommodate their exiled father without knowing why he can’t come back in and he has not been required to make any efforts to try to get back to the U.S. by the U.S. courts,” the actress, 45, said in a statement.

Rutherford filed for divorce on December 30, 2008, while she was three months pregnant with Helena.

In June 2013 she filed for bankruptcy after reportedly spending almost $1.5 million on legal fees for her divorce and custody battle, and 45 overseas visits to her children.

The actress is reportedly set to fly to France to pick up her children and spend Christmas with them in New York City.