Kelly Rutherford Opens Up About Custody Battle

A judge's decision has sent the actresses' children overseas to live with their father.
3:00 | 09/14/12

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Transcript for Kelly Rutherford Opens Up About Custody Battle
Let's get to kelly rutherford. She is speaking out about the devastating custody ruling that sent her two american children overseas. Her german ex-husband was expelled from the u.S. And barred from visiting this country. So, the judge ordered the children to move with him in france. We're going to speak with rutherford who did visit her children last week, in a moment. But first, linsey davis joins us with the very latest on this Good morning, linsey. Reporter: Good morning, elizabeth. She's played in lots of dramas. But none with a story line that could have prepared her for this. Kelly rutherford has been reduced to a visitor in her children's minds, all because of what some are calling one of the worst custody decisions ever. You're home early. Reporter: On the hit show "gossip girl," kelly rutherford plays the matriarch, a man hhattan mom with serious style. Last month, a judge ruled her two, young kids, just 3 and 5 years old, must remain halfway around the world, with their father in france. A very distraught rutherford appeared on "the view" on thursday. The children are still in france? Yeah. They're in france. I left them about a week ago. Reporter: They've been visiting with her ex-husband over the summer. And when rutherford asked for a stay, which would have brought the children back, that stay was denied. Giersch is a citizen of germany. And he can no longer enter the u.S. So, in order for them to have a 50/50 care taking split, the children must stay in france. And rutherford has to travel back and forth to see them. 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 go visit her children in a foreign country. Reporter: Giersch released a statement through his lawyer, saying he was looking forward to co-parenting the children. And continuing contact with kelly. But rutherford plans to appeal. My little girl said, I want to come home, momma. I want to come back to new york. My son has been brainwashed that where he is so much better. He says momma, iove you so much. You're in my heart. How old is he? he'll be 6 this month. Reporter: Fighting to bring her children back home. For now, her children have started school in france. Meanwhile, rutherford has to stay here in new york, as "gossip girl" starts shooting this week. She has to keep working to pay her legal bills to keep fighting to bring her children back. Kelly rutherford joins us now, along with dan abrams. that clip of yourself talking. It was. How were the kids when you saw them last week? They were happy to see me. I was happy to see them. You know, they're beautiful. How do you explain to them what's going on? I mean, I have kids around. My youngest is the age of your oldest son. How do you explain this? You know, I just do it in a way that they know they're loved. I say mommy loves you so much. Mommy's in new york. She's working. I'm going to be here as much as I can be here. I think about you every day. I do skype with them every day. I sort of remind them and give them hugs and kisses through skype. You know, give each other a kiss and hug for momma. But with this judge's ruling, when are they supposed to come back to the united states? I have no idea. There isn't any date set? No. No. Indefinitely? The judge, I've used this phrase before. I think the judge served as a travel agent here. What's the easiest travel for the kids. Easier for the kids to stay in , rather than kelly to bring the kids to bermuda or canada or places he could visit with them. The problem is, to just look at it that way, to just say, it's easier for travel this way, leads to the conclusion, which is leading to your question. Wait a second. Now, the kids are never going to be coming back to the united states? And according to this ruling, there is nothing that would indicate that the kids can, should or will come back to the united states. Kelly, had the children ever been in france before this? Their entire lives they had lived in new york city. They were going to school here in new york city. They're american citizens. You're an american citizen. Yes. You had joint custody? Yes. Or full custody? I was the primary parent but joint custody. As the primary parent, you would have had them 60% to 70% of the time. Correct. And now, it's turned on its head. They're living in a country they've never been in before. He's a german citizen. Why is he living in france? Kelly would know that better than I would, why he's living in france. I guess his mother's boyfriend has a home there. Okay. Your husband's visa was revoked in the united states. Why? We don't know. Nobody will -- I keep asking to get that information. And it's refused. He refuses to say why -- there has to be a reason. There's allegations of some sort of wrongdoing, right? You don't -- his lawyer has suggested that allegations alone get your visa revoked. That's not the way it works. Allegations made. The state department has looked into things. And there's a lot of questions of how the state department started looking into this. There's questions about did the state department begin looking at this first? Or did a lawyer for kelly reach out to the state department when there were concerns about possible abduction. That investigation led to his visa being revoked. But regardless, the state department made a determination. Not kelly's ers. Not the judge. The state department decided, there's a reason that this guy should not have a visa to be in the united states. So, this judge has awarded, basically, full custody of your children, in a country they have never lived in before, they're not citizens of, your husband's not a citizen of. And you yourself was during the divorce, was afraid that he might abduct your children. I brought all this up. And it was brushed off like it was nothing. He now has to try to get back to the united states. It's so unlikely. One of the conditions, well, this is just temporary. Don't worry. He's going to continue to try to get in the united states. And kelly has to try to help him. How do you get through this? You know, I'm hoping that somehow, someway, this will help change the way that the court makes their decisions. Maybe that's why it's happening. It's hard for you. It is. I don't want to start crying again. I'm just thankful that everyone's taken an interest in it. That alan dershowitz has taken an interest in it. I hope people will continue to. I hope it will create change and get my kids home as soon as possible. We'll keep on top of it. And keep us posted on what happens with your legal battle, kelly. And good luck to you and your two babies. Thank you. Dan, thank you so much.

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

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