Kelly Rutherford's Legal Move to Keep Her Children in the US

"Gossip Girl" actress wants to keep her kids in America instead of returning them to France to her ex-husband.
1:58 | 08/13/14

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Transcript for Kelly Rutherford's Legal Move to Keep Her Children in the US
No you to "Gossip girl" star Kelly Rutherford's bitter custody battle. The actress has launched a dramatic last-minute legal move to keep her children right here in the U.S. And ABC's Paula Faris has the story. Reporter: This morning, actress Kelly Rutherford with a desperate request asking a federal court for help to keep her children with her in the United States. This, the latest in a several years long custody battle with ex-husband Daniel giersch. Nothing ruins a family reputation faster than a money fight. Reporter: Rutherford known for her TV on "Gossip girl" lives in New York while giersch lives in France. Their two children, ages 7 and 5 are currently with Rutherford in New York but are required to return to their father who has primary custody in France next week. Rutherford now asking a court to stop that from happening and require the government to take legal custody of her children, ensuring they remain in the United States. This is a clever attempt on her attorneys' part to circumvent the state court family law judge and go directly to the federal courts claiming that her children essentially are being deported. Reporter: Two years ago a California judge ruled the couple's two children should live in France with their father after visiting him there over the summer. Giersch, a German citizen had moved there after their separation and did not have a valid American Visa. Rutherford sat down with "Gma" in 2012 after the court's ruling. I will never stop fighting for my children. They're my babies and they're very young and this is going to affect them profoundly. Reporter: Rutherford's attorney tells ABC news overnight "No person, especially an American child, should be forced to leave the united States." Giersch's attorney declined comment except to say her client as always looks forward to co-parenting with Rutherford. For "Good morning America," Paula Faris, ABC news, New York. And we'll keep an eye on

This transcript has been automatically generated and may not be 100% accurate.

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