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Kelly Rutherford

My Kids Have Been Illegally Deported!

8/11/2014 11:30 AM PDT BY TMZ STAFF
EXCLUSIVE

0811-kelly-rutherford-giersch--01

Kelly Rutherford claims her children are being illegally deported by a renegade judge who has ordered them to live with their father in France ... and if things don't change she'll break the law and keep her kids right here in the U.S. of A.

The former star of "Gossip Girl" was in a bitter custody battle with ex-hubby Daniel Giersch. He now lives in France and an L.A. County Superior Court judge ruled he had a right to primary custody of the children -- ages 5 and 7.

In new legal docs -- obtained by TMZ -- Rutherford claims sending her kids out of the country creates an immigration issue -- and that's beyond the scope of a state judge's power.

Rutherford wants a federal judge to invalidate the state order and give her custody so the children can remain in the U.S.

And the actress says ... if she doesn't win in court her only recourse is to defy the judge and keep her kids.  She acknowledges she'll get in trouble but claims that would be her only option.

125 COMMENTS

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1.

Cecilia     

She created this situation when she helped alienate the kids from their father and didn't follow the jusge's orders to put his name on the birth certificate. And didn't she have a hand in having him deported?

51 days ago
2.

namers    

She might want to hook up with Gabriel Aubry for comfort.

51 days ago
3.

Celeb Gossip Addict    

That's not her only option. If the man is not abusive then there is no differance between them visiting him in France of them visiting her in the US. There is no reason to kidnap the kids.

51 days ago
4.

LA    

I don't understand why these two can't work together and parent for the sake of the children. As far as I'm concerned, they're both being selfish. This situation has been going on for years and is beyond ridiculous.

51 days ago
5.

Jennyy    

So her plan to screw her ex out of a relationship with his children has back fired on her. Karma will get you every time.

51 days ago
6.

britty04    

I wonder what she did for the judge to send her kids to their father. If she's had custody then there has to be a reason he took custody from her.

51 days ago
7.

bring back recent posts    

Poor kids either way. I don't know the cir***stances but I feel for those kids being in the middle of this and one way or the other so far away from one of the parents. I can only imagine the psychological effect this has had on them, and will continue to do so. Selfish greedy creepy parents.

51 days ago
8.

Cookie Lady    

I know this whole thing has been a he said bla bla bla, she said bla bla bla but you'd think they'd consider the children instead of using them to hurt the co-parent. That's messed up.

51 days ago
9.

Stiletto    

If he wants some kids in France...we have several thousand illegals on the border we'd be happy to deport to him.


I hope he doesn't mind the smell of stale ketchup.

51 days ago
10.

6one9    

No way in hell would I send my children out of the country!!

There's plenty of places to hide out `` right here!
WTF is that judge even thinking!!

51 days ago
11.

Cecilia     

Also, the fact that she actually is telling the judge she will defy the law and KIDNAP the children should be a red flag to the court re: her stability and ability to compromise and make sound decisions.

51 days ago
12.

LoveBlueUgly    

talentless hasbeen z-list skank

51 days ago
13.

TheRealMe    

It never ceases to amaze me how evil people become in divorce.

51 days ago
14.

Ginger    

What a horrible father

51 days ago
15.

Pearl0808    

I will never understand how you can go from loving someone enough to marry them, to hating their ever-loving guts so much that you would go above and beyond to hurt them. When there are children involved, their needs come FIRST. And yes, I am married and have 2 kids. Stop with the petty bullsh** and be PARENTS.

51 days ago
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