Kelly Rutherford has been reunited with her children in New York
The 46-year-old 'Gossip Girl' actress has been locked in a legal battle with her ex-husband Daniel Giersch since 2012 when a judge ruled that their now eight-year-old son Hermes and six-year-old daughter Helena should live with the 41-year-old entrepreneur in Europe.
7 July 2015
Kelly won temporary sole custody in May but the children were not immediately sent to the US as her ex launched an appeal.
However she was spotted with the children in the Big Apple on Saturday (04.07.15) as they all enjoyed a day out with her boyfriend Tony Brand.
They will have to return to Monaco at the end of the summer.
Kelly and the German businessman were originally awarded equally shared custody of their children after the actress filed for divorce in December 2008, but problems arose when the businessman was denied re-entry into America in April 2012.
He was barred from entering the US after Kelly's lawyer brought allegations about his business practices to the State Department and they ruled he could be deported on the evidence.
That summer, a California judge ruled that the children should reside in Europe with their father, as he could not travel to see them in the US.
Kelly's subsequent appeal charged that the state of California had unconstitutionally deported her children to a foreign country, but the federal ruling disagreed, stating that 'the children have not been deported' and that they "retain their United States citizenship".
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