The battle may be lost, but the war isn’t over. Gossip Girl star Kelly Rutherford recently lost a six-year court battle to her ex-husband Daniel Giersh , who has been living with their kids, 8-year-old Hermés and 5-year-old Helena , in France. The 45 year old actress claims that the court’s decision is unprecedented, as no other court in the United States has ever ordered American children to live in another country when they have an able parent in the U.S.