Actress Kelly Rutherford's custody battle with her ex DANIEL GIERSCH has hit a new low - the pair is now legally bound to follow a script when they meet so they remain polite.

The Gossip Girl star has been in and out of court since last year (12) when a judge ruled that her children, Hermes, six, and Helena, three, should live with their businessman father in France.

As the custody battle rumbles on, lawyers have drawn up legal documents ordering the pair to exchange pleasantries in a bid to halt any nasty exchanges.

The custody orders, obtained by, state the pair should "exchange polite and friendly greetings" when handing over the children, and demands that German Giersch speak in English so he can't berate her in a foreign language.

It also advises they follow a script when in each other's company, with suggested sentences including, "Have a great time with (the other parent)" and "I'll talk to you tomorrow".

Rutherford has filed for bankruptcy amid spiralling legal bills and is representing herself in the custody fight.