Kelly Rutherford's ex Daniel Giersch denies that he won't let her see children 'until she turns over their US passports'

Published: 10:53 EST, 22 May 2015 | Updated: 12:35 EST, 22 May 2015

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Kelly Rutherford's bitter custody battle with ex-husband Daniel Giersch shows no sign of tiring.

Now, the Gossip Girl star has claimed to People that Daniel will not let her see children Hermés, eight, and Helena, five, unless she turns over their US passports.

The children have been living with their father in France since 2012, with Kelly flying back and forth to see them, as part of their custody agreement.

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In happier times: Kelly Rutherford's ex Daniel Giersch (pictured here with Kelly and their son Hermes in 2007) denies that he won't let her see children 'until she turns over their US passports'

Kelly reportedly told People that after arriving in France on Thursday for her latest trip to see the children, she was told she could not meet with them.

However, a lawyer for Mr. Giersch also tells People that this is not the case - and that Daniel has only requested them to be handed over to a 'third party' for safety reasons.

Attorney Fahi Takesh Hallin explained: 'Daniel has not requested that the children's passports be turned over to him, and that is a false claim. Daniel has always been and will continue to be in compliance with the Court Orders and ensure the children’s safety and well-being.'

But after Kelly took her custody issue to the White House (establishing a petition to bring her children back to America) Giersch's lawyer claims it has now created a safety risk.

Getting ugly: Kelly claims her ex will not let her see children Hermés, eight, and Helena, five, unless she turns over their US passports

Hallin said: 'Any statement to the public suggesting that if someone were to bring the children back to America (which is in violation of the custody orders and criminal) that he or she would be a hero, is unacceptable on many levels.

Adding: 'It creates a very real and present risk to the children's safety and well-being that must be taken seriously.'

Speaking to ABC News last month, Kelly spoke about being 'heartbroken' over losing her custody battle.

Battle: Kelly and her ex-husband Daniel were originally awarded equally shared custody of their eight-year-old son and five-year-old daughter after the 46-year-old actress filed for divorce in December 2008

Kelly Rutherford on losing her children in custody dispute

She said: 'I know it's not right. Parents know. Everyone knows it's not right! My children, not only were they taken away, but they were sent to a foreign country. I don't know how you even explain to someone what it feels like! I could sit here and tell you how often I cry,'

Adding: 'I could tell you how it feels to leave my kids in a foreign country. To go see them after not seeing them for weeks on end. Not being able to take them to school, pick them up from school, dress them, smell them, hug them...'

Kelly and her ex-husband Daniel were originally awarded equally shared custody of their two children after she filed for divorce in December 2008, but problems arose when the businessman was denied re-entry into America in April 2012.

He was barred from entering the US after Kelly's lawyer brought allegations about his business practices to the State Department and they ruled he could be deported on the evidence.

That summer, a California judge ruled that the children should reside in Europe with their father, as he could not travel to see them in the US.

Kelly's subsequent appeal charged that the state of California had unconstitutionally deported her children to a foreign country, but the federal ruling disagreed, stating that 'the children have not been deported' and that they 'retain their United States citizenship'.

Kelly Rutherford vows to 'fight as long as it takes' in August