“Gossip Girl” star Kelly Rutherford suffered a heartbreaking blow after a federal court ruled that her American-born children must stay with their father in France.

Rutherford and her lawyer, Wendy Murphy, were on “Gretchen Carlson Reporting” this afternoon to discuss the six-year custody battle.


Actress Kelly Rutherford Opens Up About Her Ongoing Custody Battle


Most recently, Murphy argued for the children’s constitutional rights as U.S. citizens. She said that no judge in this country has ever shipped American citizen children to live in a foreign country – until now.

Rutherford told Gretchen Carlson that she was pregnant with her second child when she asked for a divorce. She said that what happened over the next six years was “beyond what I ever could have imagined in my life.”

Rutherford’s now ex-husband Daniel Giersch, who is German, claimed his work visa was revoked and that he could no longer live in America. In 2012, a judge sent their two kids to live with Giersch in France, since the couple shares custody and he is unable to enter the U.S.

Murphy called this an unprecedented case and said they will not give up. Although Rutherford lost in the Second Circuit Court of Appeals, Murphy is now asking the full Second Circuit to review the matter.

“We’re making a very simple argument: the Supreme Court of this country said if you’re an American citizen, no matter what you do – you can blow up buildings, be a terrorist – you can never ever be sent to live in exile, you can never be forced to leave your country,” Murphy said.

She stressed that children are citizens “who can’t be shipped like luggage to live in a foreign country,” and said that she’s concerned for all American children.

“If [Rutherford’s] kids can be shipped, anybody’s kids could be shipped,” Murphy said.