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kids back to the U.S.  Her ex, Daniel Giersch, lives in France and can't come back to the U.S. because his visa has been revoked.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

162 COMMENTS

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1.

scoopie    

like what Gabriel Aubry will go through if Halle Berry gets custody.. shouldn't be allowed to have custody out of country when the kids are that young

755 days ago
2.

Luz    

That's very sad! For everyone involved. I wonder how the children must feel so far away from their mom.

755 days ago
3.

Pudding Tang    

What's the allure for people to live in Smellville anyway?

755 days ago
4.

Cochise    

More women are now feeling what men have for years.

755 days ago
5.

anon    

Why was Daniel Giersch's visa revoked? Why should she suffer because his visa was revoked?
.
There must be a good reason why he isn't allowed to come here.

755 days ago
6.

RedwoodPerch    

She has enough money to retire from her job and move to France. But I am sure she won't.

755 days ago
7.

Jen    

The judge thinks it's acceptable to keep a 3 & 5 year old away from their mother & in another country 50% of the time?! That's ridiculous. How sad.

755 days ago
8.

itsnoise    

I don't know who she is and how dad ended up in France with the kids. But the judgement is fair. The dad can't even come to this country so it's fair that he keep his custody and offer the mom half. The time & age of automatically giving the kids to the mother no matter what the situation is slowly thankfully coming to an end. A lot of you mom's out there are crazy as hell and don't deserve to be raising the kids alone.

755 days ago
9.

christy    

Sorry but this is what happens when you have kids with foreigners. I have seen this happen time and again so you think people would learn.

755 days ago
10.

DaveT    

Different situation than Halle Berry and Gabriel, Halle isn't stuck in France.
Daniel is stuck in France, can't come to U.S.
If he gets to keep the kids in France....but she gets to keep them 50% of the time in the U.S...then both parents get their kids.
But if she gets custody here in U.S. instead...he can't leave France and see his kids.
It will be up to her to get the kids to France to be with their father 50% of the time.
Which raises the big red flags: Why is she wanting that situation?
Under the current custody ruling, if her claim is that, because France is so far away, she's afraid she won't get to France enough to visit and/or pick up the kids...then how is she going to have the time to take the kids to France to visit their father if she gets custody here in U.S.?
Seems the judge made the decision that most benefited the kids, while Kelly appears to be making decisions that most benefit herself.

755 days ago
11.

Natalie    

this is too bad :>(

755 days ago
12.

Carl    

Flying to Europe isn't a big deal. You get on a plane and in under 12 hours you are there. Yeah, it is a long flight, but you can go from LA to Paris on a direct flight and she can be reading scripts or whatever during the flight. Plus she has the kids half the time anyway.

755 days ago
13.

JiLL1    

Bet she'll think twice the next time she marries a douchbag

755 days ago
14.

Lisa    

Before you marry and have children with someone not from the same country as you, you better be 1000000% sure it is true love. Because divorce is 10000% harder.

755 days ago
15.

Meme    

She can travel there but he would not be able to travel here to see the children. If the judge gave her the kids, he would have to order that she travel there so that the kids can see their father and the judge can't mandate that she travel anywhere. This ruling makes sense although she is not happy about it. Family court only cares about what would be in the best interest of the kids. So what she will have to travel...she has the resources to do so....if she loves her kids she won't whine about a 6 hour flight. Case closed (gavel)

755 days ago
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