Kelly Rutherford’s International Custody Battle: ‘I Will Never Stop Fighting for My Children’

Peggy Truong / September 2, 2012

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Kelly Rutherford’s three-year child custody battle has taken a nasty turn.

Last Tuesday, a Los Angeles judge ruled that the Gossip Girl actress’ two young children would remain in France with Rutherford’s ex-husband Daniel Giersch. On Friday, Rutherford’s request for a stay to bring the kids back to New York was denied.

“I will never stop fighting for my children,” Rutherford, 43, told ABC’s Good Morning America on Saturday.

“They’re my babies and they’re very young and this is going to affect them profoundly and I want to be there as much as I can to show them that this isn’t my fault, this isn’t something I wanted, and that’s my concerns,” she said.

So what does the new ruling mean for the New York-based actress?

The custody split ordered by the judge means that Rutherford’s children — Hermes, 5, and Helena, 3 — will begin the new school year in France, not New York.

“They’ve both been raised in New York, they’re US citizens, they were supposed to start Tuesday,” she said on GMA.

Rutherford, who is currently filming the sixth and final season of Gossip Girl in New York, will travel back and forth to Monaco to visit her children whenever possible.

“I have a job, so I mean I’m going to do my best to be there obviously every chance I get, but I can’t just be there on a regular basis when I have to work — I mean, I just can’t pick up and go, you know, that easily,” she said.

Giersch, a German businessman, is not allowed to enter the US because of a revoked visa.

Following the custody ruling, Giersch released a statement through a lawyer, saying that he is “focused on co-parenting the children, and continuing to promote any and all contact of the children with Kelly.”

Rutherford, who began the custody battle in 2009 when she was pregnant with her second child, told GMA that an appeal is in the works.

“I’m obviously just trying to deal with it and obviously appeal it and understand it, why it happened,” she told GMA.

What do you think of the Gossip Girl star’s custody battle? Share your thoughts below.