Kelly Rutherford's custody battle is far from over.

Just days after a judge ruled that her two children would relocate to Monaco to live with her estranged ex-husband, Daniel Giersch, the Gossip Girl star told Good Morning America Saturday morning, "I will never stop fighting for my children." 

"They're my babies, and they're very young, and this is going to affect them profoundly, and I want to be there as much as I can to show them that this isn't my fault, this isn't something I wanted," Rutherford said in the sit-down.

Rutherford, who said she's "still shocked" by the judge's ruling, has been entrenched in a bitter custody battle over Hermes, 5, and Helena, 3, for the past three years. 

The 43-year-old actress had been seeking sole custody of the ex-couple's two children to keep them in the U.S. But, a judge ruled Tuesday it would be in the children's best interest to live abroad with Giersch in Monaco until his visa is restored, giving them both the opportunity to co-parent their children since they share custody of them.

The judge said Rutherford's schedule was flexible enough to allow her to travel back and forth to see her children.

But, Rutherford said that won't be an easy feat.

"I'm all for 50/50 and all for children having a mother and father and co-parenting…it's just that the way it's set up now…I'm a working mother. I've been the sole supporter of my children for their entire life and I have a job. I'm going to do my best to be there obviously every chance I get, but I can't just be there on a regular basis when I have to work. I just can't pick up and go, you know, that easily," Rutherford said.

Rutherford asked the judge for a stay Friday, which would've brought her two kids back to New York while she appealed the ruling. But the stay was denied, shutting down her chances of getting the children back before school started Tuesday, according to ABC.

"My son has been here in New York. They've both been raised in New York, they're U.S. citizens. They were supposed to start school here," Rutherford continued. "They went away for the summer to visit their dad and now they're starting school in France. I think it's a shock to everyone."

Rutherford said she's concerned because she's never spent a day away from her children and Giersch has remained mum about the specifics of his "immigration issues."

"I don't know much about him," Rutherford said. "He has immigration issues. Only he can tell us about them and he refuses to do so."

"You know, I went into this very peacefully and I was pregnant when this all started so I did not expect all of this. I think it's always in the best interest of kids to have two parents that can keep their own issues aside and do what's in the best interest of their kids—these are their formative years...this is a very important time." 

  • Share
  • Tweet
  • Share

We and our partners use cookies on this site to improve our service, perform analytics, personalize advertising, measure advertising performance, and remember website preferences. By using the site, you consent to these cookies. For more information on cookies including how to manage your consent visit our Cookie Policy.