The desperate actress has been fighting for custody of her son Hermes, eight, and daughter Helena, six, since 2012, when a California judge allowed them to live with their father, German businessman Daniel Giersch, in Monaco and France while he sorted out his visa issues.

Judges in California and New York subsequently relinquished jurisdiction on the matter earlier this year (15), forcing the former Gossip Girl star to take her legal battle back to Europe.

A court official in Monaco then granted Rutherford the opportunity to take the kids on a five-week vacation to New York over the summer (15), but she refused to put them on a plane at the end of the trip and let them return them to her ex, prompting a Big Apple judge to intervene and order her to send them back.

Her legal team filed a lawsuit hours after the ruling in a last-ditch attempt to stop her children from leaving the U.S., but it was dismissed later the same day.

Rutherford's attorney, Wendy Murphy, launched a final appeal to have Hermes and Helena brought back to their mum, but on Thursday (17Dec15), it was revealed that had been thrown out too, according to People.com.

The news emerges two days after a Monaco judge granted full custody of the kids to 41-year-old Giersch and ruled Rutherford, 47, can only spend time with the children in Monaco.

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."

She and Giersch married in 2006, but Rutherford filed for divorce in December, 2008, months before she gave birth to Helena. Their split was finalised in 2010.