Kelly Rutherford Cries on The View Over Custody Battle

Kelly Rutherford and daughter Helena on March 25, 2011 in New York City. Michael Loccisano/Getty Images

Tears were falling on The View Thursday.

Gossip Girl actress Kelly Rutherford visited the ladies to discuss her overseas custody battle and broke into tears.

"It's just been crazy," Rutherford, 43, said between tears. Whoopi Goldberg quickly ran onto stage with tissues. "My little girl said 'I want to come home mama, I want to come back to New York.' My son, who's kind of been brainwashed, says where he is is so much better."

On Aug. 28, a judge ruled that the actress' kids Hermes, 5, and Helena, 3 with ex-husband Daniel Giersch will now live with their father. The German businessman now resides in France after being barred from the U.S. due to a revoked visa.

"He could disappear tomorrow and I'd have no way to look," Rutherford said. "My biggest fear is that I wouldn't know where they are."

The judge decided that the actress' schedule was flexible enough to allow her to travel to and from France to visit her kids. Rutherford and Giersch have been involved in a heated custody battle since they split in 2009 after three years of marriage.

"I just want them to be OK," she said. "They're just little babies. They need a chance to have a consistent life."

On Sept. 1, Rutherford's rep issued a statement to Us Weekly, saying, "Kelly is grateful for the outpouring of support from her friends and legal experts who are shocked that American citizen children can be ordered to live in France simply because their father is banned from entering the U.S. The children are scheduled to start school in New York next week and Kelly is hopeful the judicial system will expeditiously reverse this stunning turn of events."

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