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Kelly Rutherford has several appeals pending

ShowbizBy Sunday World
Kelly Rutherford has several appeals pending

Kelly Rutherford has "several appeals pending" in her bitter international custody battle against ex-husband Daniel Giersch.

The former 'Gossip Girl' star, who is desperate for their children, Hermes, eight, and Helena, six, to live with her in the US, was devastated when a New York City judge forced her to say goodbye to them in court last week so they could return to their German father's home in Monaco, but her lawyer insists she has no plans to give up.

Wendy Murphy, who represents the 46-year-old actress, said: "We have several appeals pending."

The former spouses, who split in 2008, are both scheduled to appear before another judge in Monaco on September 3, and Kelly hopes to emerge victorious because her children are US citizens.

Her lawyer told PEOPLE.com: "Key among the points we will make is that the father agreed emphatically in a California courtroom in 2012 that he would 'never' take any action in any foreign court, including specifically Monaco, France and Germany, where he would claim that the children are, or ask that they be declared, habitual residents of those countries or any other country.

"Remember, the children are not citizens of Monaco. Neither is either parent. So why would Monaco want to restrain the children from living in their own country?

"The Hague Convention, to which Monaco is a signatory, is clear that when a parent makes an agreement never to establish a child's residency in a foreign country, especially one where the child has no citizenship, no country can lawfully claim the child as its own resident."