The former Gossip Girl star has been locked in a bitter custody battle with her ex-husband Daniel Giersch for three years, after a judge ruled the couple's 50/50 parenting agreement should remain in place, despite the fact Daniel was unable to return to the United States after his visa was revoked in 2012.

Their kids, Hermes, nine, and Helena, six, were sent to live with their father in Monaco, and Kelly had been fighting for their return to America ever since, but on Tuesday (15Dec15), a Monaco judge granted full custody to German-born Daniel, 41.

Rutherford declined to comment following the ruling, but on Wednesday (16Dec15) she posted a message on Instagram.com, reading, "Dear world - we can do better and we will. That's All. And that's everything."

Kelly and Daniel tied the knot in August, 2006, but the actress filed for divorce in December, 2008, months before she gave birth to Helena.

The financial cost of the legal battle has also taken its toll on Kelly, who filed for bankruptcy in June, 2013.

Reports suggest Kelly plans to file an appeal.