AceShowbiz - %cKelly Rutherford% was granted a big legal victory in a Monaco court. A judge ruled on Monday, June 22 that the "Gossip Girl" actress' kids, Helena and Hermes, could spend summer with their mother in the United States.
According to the ruling, the children will fly to America on July 3. They are allowed to stay in the country until the end of the summer before coming back to Monaco to continue living with their father Daniel Giersch.
"I am pleased with the outcome and that the children will be coming to the U.S. for a part of their summer vacation," Rutherford told PEOPLE. "I am reassured by the Monaco process and the judge. Although I still maintain my legal objections about Monaco hearing the case, my serenity is restored."
Rutherford's attorney Wendy Murphy argued that Monaco court didn't have the power to make any order. "The children are allowed to come to the U.S. because Monaco knows it has no authority to assert jurisdiction," Murphy told the website.
"So it's not that Monaco 'allowed' the children to return to their own country, it's that they had no choice - because American citizens can never be forced to live in a foreign country - period. Unless the kids are dual citizens - and these kids are not," the lawyer added.
Rutherford filed for divorce from Giersch in 2009. They have been fighting over custody of their kids for six year.