Actress Kelly Rutherford opened up on "The Kelly File" tonight about the most recent developments in her ongoing international custody battle.

In 2012, the California Superior Court ruled that Rutherford and her ex-husband, Daniel Giersch, should maintain joint custody of their two children. Since Giersch is unable to travel to America because of visa problems, the court ruled that the kids should live in Europe with him, with their mother traveling to visit them.

Rutherford has been trying to win sole custody of her children ever since.

In a move Rutherford called "shocking," a New York judge on Tuesday ordered the children returned to their father in Monaco.

Rutherford explained to guest host Shannon Bream that courts in New York and California have said they don't have jurisdiction to keep her kids in the U.S. permanently.

"I handed over my children and their passports and didn't even get an answer from the judge when they were supposed to ever come back," Rutherford said. "It's been a surreal, strange experience to go through as a parent and as a mother from the United States who had children here."

Rutherford's attorney, Wendy Murphy, said that the judge's decision Tuesday was unconstitutional, irrational and incorrect.

"This was an ambush," Murphy said, reiterating that Rutherford's children are American citizens. "These are not dual-citizen kids. They're just Americans."

Rutherford said that her children's well-being is her priority, no matter what happens.

"It just seems to lack any common sense, what's going on, from a parent's perspective," Rutherford said.

Watch more above.


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