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Kelly Rutherford’s Frustration Over Custody Dispute

Splash News

Gossip Girl star Kelly Rutherford has found herself in the middle of a gut-wrenching and unexpected custody ruling, which has declared that her two tots, Hermes and Helena, are to reside with their father, Daniel Giersch, in France while he attempts to reinstate his US visa. 

It is unknown as to why Rutherford’s ex-husband's visa was revoked and also unclear as to how long he has to reinstate it.

Rutherford talked to TODAY's Savannah Guthrie and Star Jones to discuss how the ruling happened, and what the future holds. The court told Giersch that he has to make a "good faith effort" in getting the visa, and as Star Jones explained, "Good faith efforts are extremely subjective.  Americans have rights of due process and equal protection, and her children are also American citizens and they've been effectively deported to another country."

"He has no motivation to get back in the country,” says Ruthorford. “They're living in his mother's boyfriend's home in France, it's not even in his name.”

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With no resolution in sight, Rutherford has had to cope with being away from her young children.  Her contract with Gossip Girl restricts her from flying to Europe to be with them full-time, so she has to settle for frequent visits overseas and early morning Skype calls. 

PLUS: Divorced Mom with Cancer Loses Custody of Kids

The most upsetting part for Rutherford seems to be that the judge declared both Rutherford and Giersch to be good parents, "If I'm an excellent parent, and I'm the mother and I've been the primary caregiver of these children ... I've followed every court order, everything this judge has asked me to do, what happened?"

Can you imagine having your kids taken away from you through no fault of your own? Do you think the judge made a mistake? Leave a comment.