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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her kids back to the U.S.  Her ex, Daniel Giersch, lives in France and can't come back to the U.S. because his visa has been revoked.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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46.

Rebecca    

He must have done something really bad to get his visa revoked.

596 days ago
47.

DivorceSourceRadio    

Unfortunately, this type of custody arrangement happens far too often. I agree with Kelly, it's far to difficult to maintain a healthy relationship with your children living thousands of miles away. Is this really in the best interest of the children? I think not. For more in divorce and custody issues, visit our free information website at www.DivorceSourceRadio.com or search Divorce Source Radio on iTunes. Kelly, I wish the best for you and your children. - Steve Peck

596 days ago
48.

AlwaysOnTimeB    

I'm assuming there is more to this story than we the public knows. There is most likely a very good reason that their dad has custody, and lives out of country. If I didn't have custody of my children, I would have to move to be close to them. I couldn't take the distance.

596 days ago
49.

dan    

Hey Kelly just take a couple of Octomom's kids...she
doesn't want them anyways.

596 days ago
50.

Jay W.     

Custody battles suck ! I've been there. Best of luck to both parties. Hope they make this new arrangement work, no matter what it takes.

596 days ago
51.

Athina    

Those poor children. As a little girl if I came home from school and my mom was out, I felt terrible until she returned. A father is not quite the same for a little girl as a mom. This judge is horrible. On the other hand, I guess the father would not see his children at all if she was given custody in America. Note to women - don't marry foreigners.

596 days ago
52.

kitnplayn    

There's a lesson here. Don't get involved with French men. They come from a culture of self-only, and they would mow down your gramma to get themselves to their destination faster.

596 days ago
53.

DaveT    

It's 50/50 as it is, she wants 100% and control to keep them away from their father.
Bottom line: She's not looking out for the best interest of the kids, she's looking out for the best interest of herself, not to mention child support ;)

596 days ago
54.

Nicoleasm    

Just how exactly do you share 50% custody of school age children with a parent who lives in another country? Where would they go to school, b/c that's 75% of their year...which means she can't just take them for weeks.

596 days ago
55.

kitnplayn    

Anyway, what kind of a low down sonofabytch takes children away from their mother. Of course she has to live here, it's where she is established and earns her money. It's not her fault that the azzhole husband got deported. That is his stupidity, and he should not punish his children by depriving them of their mother. Stupid Germans.

596 days ago
56.

miu    

If i got that right, she's the reason why his visa was revoked... and now she's pissed? That he can keep the children in france? Because he's not allowed to live in the US? Because of HER??????
What a great plan Kelly... so sorry it did'nt work out... not!
She is responsible for the conditions and the judge just had to find a solution. She can visit france and he can't visit the us because of her, so it's just fair that she has to deal with this uncomfortable ruling. She made it complicated... the children have the right to see their daddy, just because she gave birth to them does not make her more important!

595 days ago
57.

Jane    

"Devastated" that's probably how her first husband felt when she left him after he became deathly ill....karma.

595 days ago
58.

Tammy    

Stupid ruling what happens to the kids when they have to go to school where do they go half in the US and half in France. Next the father will be asking for child support.

595 days ago
59.

VIDGMER    

Ouchville!

595 days ago
60.

victory    

How in the world did Rutherford lose custody of her young children? Unless she was a major drug addict, which she wasn't, something doesn't make sense in this case.

595 days ago
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