Actress Kelly Rutherford of Gossip Girl, 46, has been involved in a long international custody battle with her ex, German-born Daniel Giersch. The two split after two years, in late 2008 when Kelly was pregnant with their second child. Daniel was so mad that Kelly didn’t personally tell him about their daughter Helena’s 2009 birth that he issued a statement about it, saying he “wanted nothing than to hold our newborn daughter for a few moments” and that he sought “to coparent both our children responsibly and with love.” Whether he was being upfront about that is unclear, but those two never figured out how to coparent. They also have a son, Hermes, now 8.

In September, 2012, Kelly essentially lost custody of her children when a NY judge ruled that the children could stay with their father overseas. Kelly was technically awarded 50/50 custody, but the children were allowed to remain abroad with Daniel, who is unable to travel to the US after his Visa was revoked in 2012. Kelly accused Daniel during their divorce of dealing drugs and guns, and her lawyer tipped off the State Department that his businesses were shady, which led to his deportation. Daniel and the children live in Monaco, where his parents have a home. Daniel must pay for six round trip visits for Kelly to see her children each year and she is allowed to keep them with her in New York for the summers. Kelly has repeatedly said that this custody arrangement is unfair, that her children were essentially deported, and that the custody judge had it out for her.

As a result of her protracted legal battle, Kelly filed for bankruptcy in 2013. She claimed all her money had gone to fighting for her children. She’s tried multiple times to have her custody situation reversed so she can keep the children with her in New York, and she eventually brought the case up to the federal level, where it was just dismissed.

She was most recently in federal court arguing for her children’s constitutional rights as U.S. citizens. The court dismissed the case, saying, “The children have not been deported.” Hermés and Helena 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.”

The California court had mandated Giersch continued to apply for a new visa so he could return to the U.S. with the children. However, the State Department confirmed to ABC News that it hasn’t happened.

“I told my son…’You know, mommy is still fighting for you,’” Rutherford said. “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.”

ABC News reached out to Giersch for comment. “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 in response.

[From E! Online]

As I’ve said throughout this case, I have mixed feelings about it and more than anything I just feel for the children. It sounds awful for any mother to be separated from her children like that, but what about their father? Did Kelly intend to shut Daniel off entirely and did it blow up in her face? Either way, it’s sad and awful. I don’t know what happened between Kelly and her ex, maybe it was bad enough for her to want him out of his children’s lives, but under regular circumstances he would deserve a chance to coparent.

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