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Kelly Rutherford devastated after losing custody battle

ShowbizBy Sunday World
Kelly Rutherford devastated after losing custody battle

Kelly Rutherford is heartbroken after losing her two children in a custody battle.

The 'Gossip Girl' actress' attempts to get her son Hermes and daughter Helena returned from their German businessman father Daniel Giersch in France to live with her in the US were dismissed by a federal judge last week, and she devastated that she cannot see them "for weeks on end".

Speaking on ABC News, Kelly said: "I know it's not right. Parents know. Everyone knows it's not right! 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 could sit here and tell you how often I cry. I could 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..."

Kelly and her ex-husband Daniel were originally awarded equally shared custody of their eight-year-old son and five-year-old daughter after the 46-year-old actress filed for divorce in December 2008, but problems arose when the businessman was denied re-entry into America in April 2012.

He was barred from entering the US after Kelly's lawyer brought allegations about his business practices to the State Department and they ruled he could be deported on the evidence.

That summer, a California judge ruled that the children should reside in Europe with their father, as he could not travel to see them in the US.

Kelly's subsequent appeal charged that the state of California had unconstitutionally deported her children to a foreign country, but the federal ruling disagreed, stating that 'the children have not been deported' and that they "retain their United States citizenship".