Kelly Rutherford has been denied custody of her two children.
The Gossip Girl star had requested custody of son Hermes, 7, and daughter Helena, 4, of whom she currently shares custody with ex-husband Daniel Giersch, reports People.
A judge ruled that the children can continue living with Giersch in Monaco. However, Rutherford apparently plans to appeal the decision.
She is quoted as saying: "It strikes me as outrageous and unconstitutional that children can be effectively deported in order to accommodate their exiled father without knowing why he can't come back in and he has not been required to make any efforts to try to get back to the US by the US courts."
Giersch is unable to return to the US after his visa was revoked.
Last year, Rutherford expressed concern about her children living in Monaco during an appearance on daytime show The View
"My fear, and what I was in court trying to get to the bottom of - he could disappear tomorrow and I don't know where to look... My biggest fear is that I won't know where they are. I mean, right now, thank God I know where they are," she said.
In June, Rutherford filed for bankruptcy due to financial strain caused by the custody battle with her ex-husband. The legal wrangle began soon after the couple split in 2009 while she was pregnant with Helena.