The bitter custody battle between Kelly Rutherford and ex-husband Daniel Giersch continues.
During a recent appearance on NBC’s Dateline, the Gossip Girl actress, 44, openly sobbed and shared her story. She said that because Giersch’s visa has been revoked, an L.A. judge ruled that Hermés, 5, and Helena, 3, must live in France with their father for the foreseeable future.
“Why would you take the kids away from their mother, out of their school, away from their friends and everything they’ve known, and plant them somewhere else?” asked Rutherford, who lives in New York City. “It’s hard to even believe it’s real.”
The judge ruled that Giersch must provide Rutherford with plane tickets, a car and accommodations in France.
“I was on a plane three weekends a month,” she said. “I’m being punished for being a good mother and taking care of my children, and he’s being rewarded for having his visa revoked. Our kids are U.S. citizens and they have a right to be raised in the U.S.”
The actress openly sobbed during the interview.
“It’s crazy,” she said. “It’s like, what matters other than your babies? Nothing. What matters is that your babies are okay.”
The pair split in 2009 while Rutherford was pregnant with Helena. The German entrepreneur claimed that he only learned of his daughter’s birth from the tabloids.
“The truth is he knew that I was in labor and I was at the hospital. I just didn’t want him right there because it was very painful,” shared Rutherford, who added that she did not put his name on Helena’s birth certificate. “I was very, very hurt.”
Giersch also said that Rutherford tried to alienate their children from him. “It’s like someone declared war,” Rutherford stated.
While Giersch’s attorney did not comment on the status of his visa, he expressed concern over Rutherford’s “aggressive public relations approach” and added that the children “are happy and thriving.”
And now it’s a waiting game. The U.S. State Department does not release information regarding revoked visas, and Rutherford must simply wait for Giersch to get it restored.
“How do you take two young citizens, little kids, out of the country, away from their mother because the father’s visa was revoked?” she pleaded. “I would think that their rights were being violated.”