to "gossip girl" star, kelly rutherford, locked in a custody dispute. A judge ordering her kids to stay away. Amy robach has that story. I'm not going to base my personal life on your preferences.... See More
to "gossip girl" star, kelly rutherford, locked in a custody dispute. A judge ordering her kids to stay away. Amy robach has that story. I'm not going to base my personal life on your preferences. Reporter: On "gossip girl," she plays an elegant and always-composed mom on new york's ritzy upper east side. But in real life, kelly rutherford is reportedly reeling after a devastating end to a three-year-long custody battle with her ex-husband. On tuesday, a judge ruled that her 3-year-old and 5-year-old children, whre both born in the u.S., Must now stay in monaco with their father, daniel giersch, who they've been visiting since late may. Rutherford, who lives in los angeles, will have to make the 6,000-mile journey every time she wants to see her kids. It's got to break her heart, knowing her kids are living in another country. This is the fight of her life. And she's going to give it everything she's got. Reporter: Giersch, a european citizen, is barred from returning to the u.S., After his visa was revoked. Rutherford has been fighting for sole custody since their 2009 divorce. And trying to keep their children in this country. But the judge hearing the case said rutherford's schedule is flexible enough to allow her to travel back and forth, to visit her children. Perhaps her celebrity status hurt her. The judge feels she's the typical hollywood actress mom, who has plenty of money and can basically jump on a plane at will, and visit her children in a foreign country. Reporter: Giersch is not commenting about the case. But his lawyer tells abc news, he is focused on co-parenting the children and continuing to promote any and all coact of the children with kelly. In the meantime, this mother will truly have to go the distance for her children. An appeal to the court's decision is already in process. For "good morning america," amy robach, abc news, new york.
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