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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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31.

VictoriaGirl    

Why does the judge think its better to send the kids to live in a country where they dont know anyone (other then their father) and where they dont know or speak the language? If she DID take the kids and run I would completely understand.

43 days ago
32.

cmg    

He probably didn't want to work like Sheri Shepards husband and she cut his allowance off. Now he is going after the kids so he can get child support from her.

43 days ago
33.

boo boo    

Many judges order the parents to live within the same state. She must have one crummy lawyer or pissed off the judge somehow.

43 days ago
34.

Clytemnestra    

It is extremely unusual for a judge to give custody of young children to the father. The really interesting aspect of this story is why Kelly did not get custody. Get with it TMZ!

43 days ago
35.

GothamGirl    

Can't he reside in the US, so that they can share custody? That would be, it seems, in the best interest of the children and both parents. Can't they reverse whatever deportation order was carried out in his case?

43 days ago
36.

Ginger    

Never married to somone who lives outside of your country, she has learned a terrible lesson!

43 days ago
37.

Ginger    

Deport the judge so he can't see his children

43 days ago
38.

anonymous    

Kelly, my dear, you brought this all onto yourself.

43 days ago
39.

Justme    

No mother would be okay with just sending her kids away and to another country. The youngest is 5, still needs his/her mother very much. You can bash her all you want but i completely understand her not wanting to loose her children. He is cruel for doing this to his own children.

43 days ago
40.

John J. Nazarian, P.I.    

NOOOOOOOO! This Judge wanted to punish Kelly and her lawyer for the DEPORTATION of this s*** from the United States of America! DEPORTED! What Judge Beudet did was beyond terrible! This guy could not even go back to his own turf, the motherland of Germany! He had to go find another place to live.
So what is wrong with Monaco? Show me Italy, Germany, France that any sitting judge would send it's own citizens to live in another country!!!!! What happened to Kelly had nothing, zero to do with anything she did. Judge Tereas Beudet decided to make life easy for someone who the U.S. found unfit to live within the borders and threw him out. This F'n misfit Judge to throw his kids out with him.
NOTE: Judge Teresa Beudet should have also recused herself as HER HONORS daughter sat in on some personal conversations with Kelly Rutherford.....and was a ' friendly'.
What has been done to these two kids is criminal and all at the hands of a very very evil judge. Note: Judge Beudet also during the hearing was giving the X advice! I have never ever seen that done......it was almost like she was his lawyer!
I was there, I heard it, I watched it and it was a total miscarriage of any kind of justice!
Visit DESPERATEEXES.com and read the truth of what happened to Ms. Rutherford and those two little kids.
John J. Nazarian, p.I.

43 days ago
41.

billson1234    

Welcome to the other side now you see how men feel having their children ripped from them by a biased court system and being told when they can or can't see their children and for how long the visit can last

43 days ago
42.

billson1234    

The other story says a judge allowed her to have the children 50% of the time that's probably like 99% more time than what the average father gets stop bitching you got a small taste of what men go through and you're acting like this imagine if you got the full dose that family courts give to men on a daily basis

43 days ago
43.

toddpugz7111    

this is BS! Nobody gets deported anymore!

42 days ago
44.

billson1234    

She did this to herself she refuses to put his name on their daughters birth certificate she claimed he was a weapons and drug dealer which is why his visa got revoked she tried to cut the father out of the picture because she was bitter the children need to have a relationship with both parents since she's the reason he can't come to the u.s. How do you expect them to have a relationship with each other? And since she was trying to cut him out of the picture you honestly believe she'll allow them to visit him??? Your plan backfired she's threatening to kidnap her children when a judge gave her the right to have her children 50% of the time she's allowed to have them like the same amount of time as he she just doesn't have primary custody now imagine if she got it and he got 50% visitation she's making it clear she wouldn't allow them to see their father

42 days ago
45.

cindy     

People before you comment on something research it. He was deported during the custody battle after she reported him for selling guns to terrorists. He was cleared of those charges and she admitted she made it up to have him deported. The kids were sent to France because that is where they were going to go to school before the divorce. Both child had learn French to attend school. She was found to be a lier and deceiver and tried to keep him from having visits with there children. The kids were not deported. He won custody but he was deported. They moved to France to live with him. I am not a women hater I am a women so before you all call names look at the history of the case. She lost for a reason.

42 days ago
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