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Actress Kelly Rutherford In Custody Fight As Kids Live In France

LOS ANGELES (CBSLA.com) — After a judge granted custody of her two children to her former husband in France, actress Kelly Rutherford has found herself fighting for her kids, who are living on another continent.

"I don't understand the thinking behind any of it; it doesn't make sense," Rutherford told CBS2. "Certainly, my interest is my children, and they're very young, and this has affected them greatly."

The "Gossip Girl" actress and her former husband, Daniel Giersch, were awarded 50-50 custody of their two children. Giersch, however, lives in France, since his visa was revoked, resulting in Rutherford taking trans-Atlantic trips to see her children almost every three weeks.

Rutherford challenged the ruling in court, calling it unconstitutional.

According to court documents, the actress lost her bid to keep her kids in the United States.

"I had primary custody at the time; we were all living primarily in New York, my kids were born in the United States, I'm American, we got married in California," Rutherford said.

Finding an interest in helping other parents battle the family court system, Rutherford started the Children's Justice Campaign, aimed at helping parents in similar legal situations.

"I realized that this was happening in different ways to a lot of kids through the family court system," Rutherford said. "So, it was my way of being, I guess, a voice for the children who don't have a voice."

Giersch's attorney, Fahi Takesh Hallin provided documents, claiming Rutherford wanted his client out of the country, and "was trying to make an issue out of his visa." Hallin went on to claim that shortly after Giersch refused to give full custody, his visa was revoked.

"Daniel continues to put his personal emotions aside and has decided to continue to not engage in any destructive public media campaign in order to continue to protect the children and their image of their parents," a statement by Hallin read. "Daniel also has always understood that children have a right to love both parents unfettered, without being manipulated, used or harmed."

Rutherford, meanwhile, maintains that she will keep up the fight for her children.

"It just is going to take the right court, the right judge, to really do the right thing."

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