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Judge Rejects Kelly Rutherford' Custody Request

8/29/2012 8:45am EDT

Kelly Rutherford

Kelly Rutherford has been dealt a blow in her custody battle with her ex-husband after a judge ruled their two children can remain in France with their father.

The Gossip Girl actress filed for divorce from German businessman Daniel Giersch in December 2008, and the couple subsequently began a custody fight over their two kids.

Giersch now lives in France with Hermes, five, and Helena Grace, three, due to U.S. visa issues, and Rutherford headed to family court on Tuesday in a bid to get her two children brought back to America.

However, a judge turned down her request, stating her schedule allows her to fly to France on a regular basis to spend time with her kids, who she has shared custody of, according to

The website reports the star is planning to appeal the decision.

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Photo Credits: PR Photos , DLM Press,