In Kelly Rutherford’s ongoing custody battle, the most recent news comes like a final stake to a long struggle. According to TMZ, the judge ruled that her ex-husband, Daniel Giersch, can keep their two kids in France.

The Gossip Girl actress divorced Giersch in 2008 and has been fighting for custody ever since. Giersch actually lives in France and because his visa has been revoked, there’s no way for him to reenter the United States.

Now, Rutherford still has the ability to travel to France and see her children (Hermes, 5 and Helena Grace, 3), but she can only have the kids fifty percent of the time and it has to be in France. 

Also, the source says she’s “devastated.” Who wouldn’t be upset by an ocean separating you from your children? TMZ reports that she plans to appeal the ruling.