Event Horizon Rapidly Accelerating on Custody Outcome...

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Kelly Rutherford Allowed to See Kids in Monaco as New Custody Hearing Is Set for October

BY MICHELE CORRISTON

09/04/2015 AT 01:30 PM EDT

Despite fears that Kelly Rutherford would lose access to her two children after her ex accused her of

 abducting them last month, the star is spending time with them after Thursday's 

court appearance in Monaco.  The Gossip Girl actress was spotted grabbing lunch with 

son Hermes, 8, and daughter Helena, 6, in the South of France on Friday.  A source says 

that the current parenting arrangement – in which she and German businessman Daniel Giersch 

have joint custody but the children live primarily with him and Monaco and France – remains in 

tact, though there is a new court date set for Oct. 26.

"Everybody agrees that it's best that the children be with both parents,and Kelly's enjoying 

being with them," the insider tells PEOPLE.  Rutherford, 46, attended a two-hour hearing 

Thursday in Monaco, another source says.  She's been fighting to bring Hermes and Helena back 

to the United States, where they were both born, since 2012, when a judge sent them abroad to live with 

their father temporarily.

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I hope I am wrong, but I see a very sad outcome at hand for Kelly Rutherford.  I believe she 

might have her visitation either terminated or limited to a once a year visitation scenario under 

supervision or something of that nature.

Generally in these sorts of situations where a mother won't quietly accept the court's decision 

termination of contact is often the final outcome...

Maybe because she's famous and has made such a stink about the whole thing, they'll settle for 

supervised once a year visitation until the children are teenagers or something of that nature.  

Generally for the rest of us 'average' moms our visitation would have already been terminated.  

It's why I support so-called 'Joint Custody' as it's the lesser of many evils offered to mothers when 

they have children with men who are determined to fight it out in court for custody.   Courts 

today are not friendly to women, especially mothers.