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Kelly Rutherford

DEVASTATED

By Custody Ruling

8/28/2012 5:06 PM PDT BY TMZ STAFF
EXCLUSIVE

0828_kelly_rutherford_custody_article_tmz_2"Gossip Girl" star Kelly Rutherford just suffered an enormous loss in family court ... a judge just ruled her ex-husband can keep their 2 kids in France, where he is living ... and sources say shes "devastated."

Kelly was fighting to bring her kids back to the U.S.  Her ex, Daniel Giersch, lives in France and can't come back to the U.S. because his visa has been revoked.

The judge ruled Kelly has a flexible schedule and can go back and forth to France to spend time with her kids.  The court gave Kelly the right to have the children -- ages 5 and 3  -- 50% of the time.

But Kelly doesn't see it that way.  Sources tell us she believes it's virtually impossible now for her to spend meaningful time with the kids, given the enormous travel commitments that would be involved.

We're told Kelly plans to appeal the ruling.

160 COMMENTS

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31.

pattycake    

This chic is nuts ..she partied hard and was out of control for years...this is what happens...

730 days ago
32.

Dawn    

She needs to get them back here..not her fault his visa was revolked...which makes me ask...WHY??????

730 days ago
33.

Larry    

And this person is famous?

730 days ago
34.

Stephanie    

The reason his Visa got revoked is because she made ridiculous allegations and contacted the state department. While the allegations are being investigated he has to stay in France. She is a vindictive witch who wants to eleminate him from those poor kids lives.

730 days ago
35.

darryl    

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730 days ago
36.

Truth    

For a Judge to make such an important decision in favor of the Dad there must be issues with KR. Courts don't make such drastic moves unless there is a problem.

730 days ago
37.

Bill Leslie    

its too bad she's psycho because she's smoking hot - I wonder where the hearing was, the US or in France?

730 days ago
38.

itsme    

Family court is a joke. I gotta wonder about the judge. Does he/she have kids? If so what kind of relationship?
There is no good reason to allow a parent to take his/her American children away from their homeland and their roots if the other parent has issues with it.
My heart goes out to her. And yes, she should appeal it and keep fighting. What a horrible nightmare for a parent to live with.

730 days ago
39.

Jackie    

Isn't her ex husband from German? Anyway this is gonna be a mess. She's their mother, but so he's their father. Either the USA embassy will have to retain his visa or she will have to travel in and out of France.

730 days ago
40.

UNLV1990    

I'm shocked that a divorced woman is dissatisfied with a true 50/50 split of anything. Quit being a b!1€h and get over it.

730 days ago
41.

nda4009    

Please view Whitney Houston's rendition of GIVE US THIS DAY...

http://www.youtube.com/watch?v=iFfibmBQX-E

730 days ago
42.

jwoolman    

Yes. Whatever revoked his ability to enter the US must not be something the judge considers relevant to his ability to be a custodial father. It really does make sense to keep the kids in France at the moment since she can freely travel while he can't. The kids are half their father's and he lives in France. it's good for them to be immersed in French language and culture. They'll have plenty of opportunities later to be immersed in American culture. They're also old enough that she can keep in touch with video chat between visits. They have Internet in France, you know... Phones, too.

730 days ago
43.

Jay    

Wow those kids need mom just as much as dad. What a sad situation.

730 days ago
44.

rash on my ass    

please watch give me a chance, watch this its funny http://youtu.be/GUgNP0v228Y

730 days ago
45.

MISSA    

That's not fair at all he lives on the other side of the world, that is a lot of time and money (I'm sure she can afford it) but even then to tell a parent who is putting an effort in to seeing their kids they have to go to so much trouble to accommodate someone who isn't putting in the same amount of effort to let their kids see their mom isn't right.

730 days ago
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