'Gossip Girl' actress Kelly Rutherford loses custody of 2 children to father in Monaco

NEW YORK (WABC) -- Gossip Girl actress Kelly Rutherford said goodbye to her two children in New York Tuesday after a judge ordered them returned to their father out of the country.

Rutherford has been involved in a bitter custody battle with her ex-husband, Daniel Giersch.

She appeared at Manhattan Supreme Court Tuesday, dressed all in white with her blonde hair wrapped in a chignon. She didn't bring her children, 6-year-old Helena and 8-year-old Hermes, though, which was a violation of the judge's order.

Giersch's mother, Renita, came to greet them and was seen smiling when a lawyer whispered what the judge had ruled. Renita Giersch and members of the media were barred from Judge Ellen Gesmer's court during arguments.

The children were eventually brought to court when the judge ruled against her. Cries of joy were audible when the grandmother and children reunited outside the tiny courtroom.

Rutherford was seen fighting back tears as she was quickly led from the courtroom after the ruling.

The children left the U.S. to join their father in Monaco later Tuesday.

Rutherford filed for divorce six years ago, with both parents to share custody. But when Giersch's U.S. VISA was revoked, a California judge ruled their children should live with their father.