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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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16.

SCANDAL    

It is to far for the kids to be away either parent, especially their mother. This is beyond sad and I am afraid I would do the same thing. I could NEVER be separated from kids by the distance or time.

43 days ago
17.

Abe    

Give up, Kelly. The courts have you pegged as an unfit mother, and nothing you do will win you custody.

43 days ago
18.

shawn    

If the children were born here I do not understand how a judge could order them to Move somewhere else permanently. I agree with her, it sounds far past a judges reach.

43 days ago
19.

kitnplayn    

Freemason Judges do favours for Freemason Lawyers, and the law actually has no place. Sounds like Kelly's ex has a friend in the Freemasons.

43 days ago
20.

kitnplayn    

Isn't it illegal to deport American children who have not committed any crimes?

43 days ago
21.

__kath    

It's so wrong what is being done to her.

43 days ago
22.

amyd    

Those two in the picture look identical. Creepy.

43 days ago
23.

The Maharincess of Franistan    

This judge should be investigated. I hope she is successful in Federal Court.

43 days ago
24.

Tony626    

When it happens to just about every man, it's OK. When it happens to one woman, it's reported as news.

43 days ago
25.

pegnew    

My heart breaks for Kelly. i bet she thinks about those kids EVERY minute! To make matters worse, she must be close to bankruptcy - between paying her legal bills and international airline tickets! Her ex sounds EVIL!

43 days ago
26.

IMO75    

A big point that is missing is the father was deported from USA for illegal activities and unable to return even for a visit with his children. Do having a judge reward him custody of his American children is the same as deporting them. The man is already a criminal in the eyes of the American justice system & immigration system, who is to say he will return them to their mother after the visit. This is a very unique case.

43 days ago
27.

Roscoe    

Shut up and comply with the court order bitch. I bet she was so surprised when a man actually won a custody battle. That makes the score --- Men: 1 Women: 23663 I hope she has to pay child support too.

43 days ago
28.

Truthseeker    

I remember when this happened. It was a ludicrous ruling.

I wonder how could a U.S. judge rule that children, who were born American citizens , must live with a dad in France????

I'm not sure why the judge was so against Rutherford. She was working, trying to make a life to support her children. I felt it was a misogynist ruling. The judge must have been jealous of Kelly for some reason. The couple had been fighting, but he was no more innocent or upstanding than Kelly. For less so.

43 days ago
29.

Truthseeker    

You're right IMO75--

The father is a criminal, but to the women-haters in this thread, breaking the law and being a criminal is somehow better than Rutherford making disparaging remarks that might have turned the children against their father. SMH.

The judge was wrong, period. Illogical ruling.

43 days ago
30.

TTBean    

They're both cray cray. Don't know how you can go from loving someone so much that you marry them

43 days ago
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