Former “Gossip Girl” actress Kelly Rutherford, has failed to gain custody of her kids and will only be able to visit them in Monaco and France, according to a report Tuesday, December 15.

According to Daily Mail, a Monaco judge awarded to her ex-husband Daniel Giersch full custody of their children. Hermes, 8-years-old and Helena, 6-years-old will continue to live with the German businessman in Monaco.

The children -- who are U.S born citizens -- were last in this country during the summer. Kelly was devastated after an August hearing though that sent them back to Daniel in Monaco, and they've been there ever since.

Kelly Rutherford and her ex-husband have been battling in court since 2009, while she was still pregnant with their daughter, Helena.

The 47-year-old actress has had to file for bankruptcy after being charged $1.4 million in legal fees over the years.

"It's a big misconception especially because of the character I played. Lily van der Woodsen and I had a big difference in money," she told Hello! of her Gossip Girl role.[Daniel] just sued me until I had no more money."

She has gone extremely public with her battle to raise awareness for families like hers.

A White House petition to bring her kids back received more than 100,000 signatures, but the Obama administration declined to comment because it was the subject of ongoing legal proceedings.

Rutherford continued to push back in the media, calling the ruling a "forced exile" in a statement to USA TODAY. "My children ask me all the time if I am still fighting for them, and I always tell them the day will never come when I say 'no,'," she wrote.

Kelly and her lawyer, Wendy Murphy, also appeared on Fox News  Kelly and her lawyer, Wendy Murphy, also appeared on Fox News' Gretchen Carlson Reporting. "My best argument to this court was, 'Look, no judge in this country has ever shipped American citizen children to live in a foreign country,'" Murphy recalled.

Rutherford married, German businessman Daniel Giersch, in August 2006, and filed for divorce from Giersch on December 30, 2008.