Kelly Rutherford is devastated and lost for words as she leaves court after being ordered to send children back to Monaco

Kelly Rutherford is devastated and lost for words as she leaves court after being ordered to send children back to Monaco

Kelly Rutherford has been ordered to send her children back to their father, her ex-husband Daniel Giersch, in Monaco.

The Gossip Girl actress appeared in court on Tuesday, after she had previously refused to return her kids - son, Hermes, eight, and daughter, Helena, six, to France.

According to TMZ, the judge ruled that Giersch can keep the children in Monaco while he tries to sort out his issues with residing in the US.

A custody hearing has been set for September 3 in Monaco.

Giersch was not in court - he is unable to travel to America after his visa was revoked - but his mother was there, and took the children to the airport after the ruling to fly them back to France.

Kelly was visibly devastated and lost for words as she left the courthouse following the decision, and appeared to be choking back tears.

She did not speak to reporters, but according to People, Robert Michaels, a lawyer on Giersch's team, said that the children were perfectly 'happy' as they said goodbye to their mother.
 

 They just hugged and said goodbye, and she said she'd see them soon, and they were very, very easily transitioned to their grandmother, who they know very well. It was done very civilly.

'Ms. Rutherford said, "Oh, you're going to see Papa, and you're going to go with Oma." And the kids seemed fine.'

Another attorney for Giersch, Ira Garr, added: 'The kids didn't seem to look like they missed a beat. They were happy, they kissed their mother goodbye, they were happy to see their grandmother, they had smiles on their face. And by the way, they're two beautiful little kids.

The only complaint they had is they really wanted to get back to playing; it was boring in the courtroom.'