Kelly Rutherford: Help Get My Kids Home

Celebrity News Sep. 14, 2012 AT 5:00PM
Kelly Rutherford attends the "Farewell, My Queen" premiere on July 9, 2012 in New York City. Kelly Rutherford attends the "Farewell, My Queen" premiere on July 9, 2012 in New York City. Credit: Dimitrios Kambouris/WireImage.com

Kelly Rutherford is asking for help.

The Gossip Girl actress is speaking out about her ongoing custody battle with ex-husband Daniel Giersch after a judge ruled that their two kids, Hermes, 5, and Helena, 3, will live with their dad in France.

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"I'm hoping that somehow, some way, this will help change the way the court makes their decision, maybe that's why it's happening," Rutherford, 43, told Good Morning America. "I'm just thankful that everyone has taken an interest in it . . . I hope people continue to, because I think it will help create change and help get my kids home. I think the longer that this goes, the harder it is."

The actress' ex, a German businessman, now resides in France after being barred from the U.S. due to a revoked visa. Judge Theresa Beaudet decided on Aug. 28 that in order to continuing sharing custody, the kids should live with Giersch and Rutherford could travel back and forth between her acting jobs.

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Rutherford filed for divorce from Giersch in 2009 after three years of marriage. During their contentious divorce proceedings, Rutherford said she feared her ex would abduct their children. "I brought this up and it was basically —- brushed off, like it was nothing," she said.

During her appearance on The View Thursday, Rutherford said between tears, "He could disappear tomorrow and I'd have no way to look. My biggest fear is that I wouldn't know where they are."

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Their children have now started school in France and there are no plans set for their return to the United States.

"I have no idea [when they're supposed to come back.] There is no date set," she told GMA. "Their entire lives they'd lived in New York City, they were going to school in New York City. They're American citizens."

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