Kelly Rutherford, Daniel Girsch

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Kelly Rutherford is opening up about the tragic custody battle over her two children, Hermes and Helena.

In an exclusive with E! News, the former Gossip Girl star is setting the record straight when it comes to her fight with ex-husband Daniel Giersch over their 5-year-old son and 3-year-old daughter.

"If it can happen to me, it can happen to anyone," Rutherford, whose kids were ordered by a judge to live with their father in Monaco last year, tells us. "You never think this is possible in your own country."

The heartbroken actress says the judge's decision to grant Giersch custody over in Monaco is "like aiding someone to kidnap my children."

Rutherford has racked up a bunch of legal fees and spent large amounts of money visiting her kids in Europe. "This fight has brought me to the brink of bankruptcy," the 44-year-old says.

That's not all Rutherford is saying about her tragic legal battle, her financial woes and her new petition to bring her kids home to the U.S. For the rest of her exclusive interview, tune in to E! News tonight at 7 and 11:30 p.m.

—Reporting by Alicia Quarles and Ken Baker

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