Kelly Rutherford custody, Kelly Rutherford was denied the right to bring her children back to the U.S. after a six-year legal battle with ex-husband Daniel Giersch, who the kids currently live with in France.
"I know it's not right. Parents know it," she told ABC News Tuesday about the court's unprecedented decision to order her American-born children to live in another country when they have an able parent in the states. "Everyone knows it's not right."
The 46-year-old actress' children, 8-year-old son Hermés and 5-year-old daughter Helena, were ordered by a California judge in 2012 to live with their German father in France. While the exes were supposed to share custody, Giersch has been unable to reenter the United States after traveling abroad.
"What makes this case so crazy is there was no allegation that Kelly Rutherford was a bad parent," ABC News' legal analyst, Dan Abrams, said. "The heart of the ruling was basically saying we don't want to force these kids to fly around to visit their father who can't come into the United States so we're just going to move them to France."
"I can sit here and tell you how often I cry," Rutherford, 46, said tearfully. "I can tell you how it feels to leave my kids in a foreign country, to go see them after not seeing them for weeks on end, not being able to take them to school, pick them up from school, dress them, smell them, hug them."Aside from being emotionally taxing, Rutherford's legal battles and all of her international travel to see her children caused her to file for bankruptcy in 2013.
Still, she continues to fight and recently argued for her children's constitutional rights as U.S. citizens.
"The children have not been deported," a judge said before the court dismissed the case, adding, "(the children will) retain their United States citizenship, and once they reach the age of majority, they will be free to choose where to reside … Under such circumstances it would plainly be improper for the federal courts to assume jurisdiction over the case."
While the California court mandated Giersch continue applying for a new visa in order to return to the U.S. with the kids, the State Department confirmed to ABC News that it hasn't happened.Daniel Giersch continues to protect the children from any negativity and therefore will continue to not engage in any of these unfortunate and false media fabrications which only served one person, but clearly not the children," his lawyer said after ABC News reached out to Rutherford's ex for comment.
"I told my son … 'You know, mommy is still fighting for you," Rutherford said Tuesday. "My children, not only were they taken away, but they were sent to a foreign country. I don't know how you even explain to someone what it feels like."
"I know it's not right. Parents know it," she told ABC News Tuesday about the court's unprecedented decision to order her American-born children to live in another country when they have an able parent in the states. "Everyone knows it's not right."
The 46-year-old actress' children, 8-year-old son Hermés and 5-year-old daughter Helena, were ordered by a California judge in 2012 to live with their German father in France. While the exes were supposed to share custody, Giersch has been unable to reenter the United States after traveling abroad.
"What makes this case so crazy is there was no allegation that Kelly Rutherford was a bad parent," ABC News' legal analyst, Dan Abrams, said. "The heart of the ruling was basically saying we don't want to force these kids to fly around to visit their father who can't come into the United States so we're just going to move them to France."
"I can sit here and tell you how often I cry," Rutherford, 46, said tearfully. "I can tell you how it feels to leave my kids in a foreign country, to go see them after not seeing them for weeks on end, not being able to take them to school, pick them up from school, dress them, smell them, hug them."Aside from being emotionally taxing, Rutherford's legal battles and all of her international travel to see her children caused her to file for bankruptcy in 2013.
Still, she continues to fight and recently argued for her children's constitutional rights as U.S. citizens.
"The children have not been deported," a judge said before the court dismissed the case, adding, "(the children will) retain their United States citizenship, and once they reach the age of majority, they will be free to choose where to reside … Under such circumstances it would plainly be improper for the federal courts to assume jurisdiction over the case."
While the California court mandated Giersch continue applying for a new visa in order to return to the U.S. with the kids, the State Department confirmed to ABC News that it hasn't happened.Daniel Giersch continues to protect the children from any negativity and therefore will continue to not engage in any of these unfortunate and false media fabrications which only served one person, but clearly not the children," his lawyer said after ABC News reached out to Rutherford's ex for comment.
"I told my son … 'You know, mommy is still fighting for you," Rutherford said Tuesday. "My children, not only were they taken away, but they were sent to a foreign country. I don't know how you even explain to someone what it feels like."
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