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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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46.

Usagi-chan    

This woman's life is a total effing mess.

41 days ago
47.

Kassie    

Federal trumps a family law judge so that is the recourse she has to try. Sorry, but to all of you saying she deserved it, don't judge anyone till you have walked in their shoes. What that judge ruled is ridiculous -I personally hope she wins.

41 days ago
48.

en Todo Momento!!    

they're selling oranges in tijuana now.

41 days ago
49.

Carla G.    

She needs to get her act together! She's a proven liar, good for the judge that sided w/ her ex!!

41 days ago
50.

Karvey Kardashian    

This evil, vindictive b¡tch is the reason he is not in the USA. She fought to have him deported! She doesn't like the consequences of those actions, but they are hers to tolerate. Had she loved her children more than she hated him this would not be an issue. She would be sharing custody of the kids with the guy while he continued living in the USA. No judge is going to give her custody! Her best solution is to attempt to make amends to her ex and their children for being a complete douche waffle.

40 days ago
51.

John Elliott    

Judge should take the kids from both parents. Give them to a relative and deny either parent visitation. Doing more harm to the kids then to the selfish parents.

40 days ago
52.

crazyqueen    

If she keeps them here and gets in trouble with the judge...won't the dad just get them anyways??

40 days ago
53.

rose    

He deserves to see his kids. She acts like the judge gave him sole custody.

40 days ago
54.

momof8    

From a 2013 Parenting Blog: The judge writes, "Even while under the scrutiny of an extended trial, Kelly still has declined to demonstrate the level of commitment to facilitating the relationship that would be required of a residential parent in a relocation situation."

(For the record, the judge in the case, Teresa Beaudet, is female .) In addition, someone reported to U.S. authorities that Giersch is involved in selling illegal arms in South Africa. If proven (and it never has been), that allegation would, under U.S. law, brand Giersch a terrorist. And, as a potential terrorist, the Victory Act mandates that, as a citizen of a foreign country, he not remain in the United Sates. So Giersch's visa was revoked. Now, what no one but me seems to have noticed is that whoever made that allegation to the FBI did so during the Giersch/Rutherford custody battle.

39 days ago
55.

Island Planet    

1. She attempted to keep the children from their father in the US.
2. When that didn't work she helped to get the father deported to his country of birth - believing that she could just block the kids from visiting out of country.
3. Judge saw through her manipulative, abusive, selfish behaviour for what it is - detrimental to the children - and awarded primary custody to the father - in France.
4. This crazy harpee should only ever have supervised visitation with the kids - in France. Their new, stable home.

39 days ago
56.

rs7jr    

A man finally wants to take care of his kids and he can't. Sad world. You know, and if a man walks out on his responsibilities of providing child care, that makes him a low life, whereas if a woman does it (by adoption or abortion) she's responsible and pro choice since she got rid of a human being she couldn't take care of. Lots of women here need to pull your heads out of your arses. Seriously.

38 days ago
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