'Gossip Girl' Actress Kelly Rutherford Loses Legal Fight for Kids

The star says a federal court ruling that means her children may remain living in France is "not right."
3:45 | 04/14/15

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Transcript for 'Gossip Girl' Actress Kelly Rutherford Loses Legal Fight for Kids
Gossip Girl star Kelly Rutherford passionate fight to get her children back the star recently losing a court battle to her ex husband. Who was living with their children in France ABC's Lindsay Davis is here with much more. On this good morning Lindsey the good morning Robin yet another devastating setback for run effort who claims what she's going through these unprecedented. That no other US court has ever ordered American children to live in another country when they haven't able parent right here in the United States. Actress Kelly Rutherford desperate request asking a federal court to bring her children back to the United States denied I know it's not right. Parents know it and who knows it's now the Rutherford has been embroiled in a six year custody battle that she says spiraled out of control. When California judge sent her children to live in France with her German ex husband Daniel gears the two are supposed to share custody of their eight and five year old children. But since your ex was refused reentry to the United States after going abroad Rutherford has had to flying to France to see your children what makes this case. Crazy is that there was no allegation that Kelly Rutherford was a bad parent. The heart of the ruling with basically saying we don't wanna force these kids to fly around to visit their father who can't come into the United States. So what does get a move them. To France. It's perhaps best known for her role on Gossip Girl she played an elegant mom who seem to have it all together. I just got a message that our kids and some kind of trouble at school but off screen brother heard is devastated with her daughter and son both born in the US now living 6000 miles away. How does. Feel at this point are you more frustrated or angry or sad I can sit here in tea how often a cry I can tie up feels. To leave my kids in a foreign country to go see them after not seeing them for. Weeks on and nothing that take him to school pay cut off from school to rest them smelled them hugging them. The expense of the ongoing legal battle leading brother periods and file for bankruptcy most recently she was in federal court arguing her children's constitutional rights as US citizens. But that court dismiss the case saying. The children have not been deported. They retain their United States citizenship and once they reach the age of majority they will be free to choose where to resign under such circumstances it would plainly be improper for the federal courts to assume jurisdiction over the case. The California courted mandating here's continued to apply for a new visa so he could return to the US with the children. But the State Department confirms that has not happened. I should get two real options here number one go back to California and say hey California court had a ruling and forced. And or beat. Make this political. How the State Department get involved have some leading political figures make compelling argument that this is ridiculous. Yes I told my son is to chino mommy is still fighting for you money children. Not only were they taken away that they were sent to a foreign country and high you even explain to someone what it feels like. When we asked for comment Pierce's lawyer told us. Daniel Pearce continues to protect the children from any negativity and therefore we'll continue to not engage in any of these unfortunate and false media fabrications which only served one person. But clearly not the children but rather for maintains this is all about protecting her children. And others infections establish an organization with that goal that no other children we'll have to go through what hers is not as a story heartbreaking it's just hard to believe. He's part of a mass in the past kind of be a better Solis has got a Baker's Canada's national. Thinking about her innocence mention.

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

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