"Gossip Girl" mom Kelly Rutherford has suffered a major setback in her custody battle with ex-husband Daniel Giersch: An L.A. Superior Court judge ruled Tuesday that he will have residential custody of their two children in France.
The actress filed for divorce from the German businessman in 2009, when she was two months pregnant with their second child, Hannah. Giersch's business visa was revoked in January, complicating an already contentious case.
Rutherford was "devastated that her American citizen children were ordered to live overseas to accomodate their father because he's banned from entering the U.S.," she said Wednesday in a statement to E! News.
She had been seeking sole legal custody of the kids, with the intention of relocating them in New York from California. The judge decided to allow Giersh to relocate the children to France, where they will live with him, his mother and her partner, according to court documents obtained by E! In the event Giersh's U.S. visa is restored, he would relocate to New York, the judge said.