Rutherford granted temporary sole custody of children

Kelly Rutherford has been granted temporary sole custody of her two children.

The Gossip Girl star has been fighting a legal battle since 2012, when Hermés, eight, and Helena, five, went to live with their father Daniel Giersch in Monaco.

A court order was filed on Friday by a California judge, explaining the children must return to Los Angeles and their mother will keep hold of their passports.

"We are ecstatic, and hopeful that Monaco will respect the California court's ruling and send the children home. It has long been our position that Monaco has no jurisdiction because Hermes and Helena, as American citizens, have an absolute right to live in their own country," Kelly’s lawyer Wendy Murphy told People. "If the citizenship shoe were on the other foot and these children were citizens of Monaco, I have no doubt the United States would respect their right to reside in Monaco.

"Monaco officials know that sending the children back to America is the right thing to do. I'm looking forward to the happy reunion of the children not only with their mother, but also with their country!"

Back in 2012, a California judge ruled that Hermés and Helena should live with their father, as his US visa had been revoked due to allegations regarding his company. The decision was made even though he and Kelly shared joint custody.

The 46-year-old filed for divorce from the businessman towards the end of 2008, when she was pregnant with Helena.

In 2013 she filed for bankruptcy, largely due to the huge amount she had spent on legal fees regarding the divorce and custody.