Ray Tamarra/Getty Images

A judge has ruled that "Gossip Girl" star Kelly Rutherford's children may remain in Monaco with their father.

Rutherford, 43, divorced Daniel Giersch, in 2009. Since then, the two have been battling over custody of their two children, Hermes and Helena, now 5 and 3 years old, respectively.

The judge's ruling on Tuesday granted both parents joint custody but said the children must remain in Monaco.

According to People magazine, the ruling said Rutherford's schedule was flexible enough to allow her to travel back and forth from the United States to Monaco to see the children.

Rutherford had sought sole custody of Hermes and Helena.

People reported that a spokesperson for Rutherford said an appeal is already in the works.

"Kelly is devastated by the court ruling and will never stop fighting for her children," the spokesperson noted.

Meanwhile, the magazine also reported that Giersch said he would not comment "to protect the children and also Kelly."

Rutherford plays the oft-married-and-divorced Lily Bass on "Gossip Girl," the CW's hit nighttime teen drama. She also is known for having played Sam Whitmore on "Generations" and Megan Lewis on "Melrose Place."

Giersch cannot enter the U.S. because his visa has been revoked.