'I have to keep working to afford this': Kelly Rutherford breaks down to tears as she accuses ex-husband of brainwashing children after judge ruled he can keep them in France

Actress, 43, lost residential custody of five-year-old son and three-year-old daughter in family court
Rutherford shares joint legal and physical custody but must travel to France to see them
Says she must continue working to pay off legal fees
Ex-husband Daniel Giersch argued revocation of U.S. visa would make it difficult for him to see children
Rutherford planning appeal

PUBLISHED: 12:57 EST, 13 September 2012 | UPDATED: 16:28 EST, 18 September 2012

Kelly Rutherford has spoken out about her ongoing custody battle in an emotional television interview, accusing her ex-husband of brainwashing their children.

The Gossip Girl actress broke down to tears on The View today as she discussed a ruling last month that would allow Daniel Giersch to keep their son and daughter, ages five and three, in France.

But the U.S.-based mother-of-two, who has vowed to appeal, said she has drained her earnings to pay off legal bills - and must keep working to afford the fight.

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Speaking out: Kelly fought back tears during her appearance on The View yesterday

Rutherford, who married the German businessman in 2006, they separated three years later, when she was pregnant with their second child, and divorced in 2010.

A bitter custody battle ensued, and on August 28 Los Angeles Judge Theresa Beaudet ruled the children should remain in France with their father, who they'd been visiting over the summer.

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Complicating matters, Giersch's visa was revoked earlier this year and he has been banned from entering the U.S. As a result, the couple will continue to have joint legal and physical custody with Rutherford required to fly overseas for visitation.

Joined this morning by ABC News legal consultant Dan Abrams, Rutherford spoke to Sherri Shepherd and Elisabeth Hasselbeck about the three-year ordeal, and her fears she will be unable to keep fighting.

Custody battle: The mother-of-two recalled her reunion with her children in France earlier this month

Custody battle: The mother-of-two recalled being reunited with her children in France earlier this month

Three-year ordeal: Rutherford, joined by ABC News legal consultant Dan Abrams, right, spoke to Sherri Shepherd and Elisabeth Hasselbeck, left, about her fears for the children

Three-year ordeal: Rutherford, joined by ABC News legal consultant Dan Abrams, right, spoke to Sherri Shepherd, not pictured, and Elisabeth Hasselbeck, left, about her fears for the children

Legalese: Abrams was able to shed light on the intricacies of the international custody case

'I have to keep working to be able to afford this [the custody battle]. I have been through pretty much everything,' Rutherford said. 'It’s just been crazy.'

Rutherford recalled her tearful reunion in France earlier this month with her son, five, and daughter, three, while blasting Giersch's parenting techniques.

'I last saw them ten days ago. My little girl said "I want to come home mama, I want to come back to New York." My son - who’s kind of been brainwashed that where he is is so much better - but he always says, "Mama, I love you so much."'

Exhausted: Rutherford wore tired eyes, and said she must keep working to afford legal fees

Tearful reunion: Kelly showered her children with affection as she embraced them at a Nice airport earlier this month

Fears: The actress, 43, said she worries the sudden change in custody will have a drastic negative impact the children

The judge gave custody to Giersch as it was his opinion that Rutherford had repeatedly tried to cut her ex-husband out their children's lives.

Opening up about what led to the breakdown of their marriage, Rutherford said today: 'I was pretty scared about what I was finding out about him, some very strange things happened... I said let's separate... and he just came at me.

'I don't think he would intentionally harm the children... but I do think the children are at risk because I was the primary caregiver and now I am the visitor.'

The actress, 43, said she fears the sudden switch will have a drastic negative impact their children.

Amicable at first: Kelly Rutherford, with ex-husband Daniel Giersch on July 31, 2010. The former couple split while she was pregnant with their baby girl

'They're just little babies,' she said.

'He could disappear tomorrow and I’d have no way to look. My biggest fear is that I wouldn’t know where they are.'

'I just want them to be okay. They’re just little babies. They need a chance to have a consistent life.'

Rutherford said she is consulting with lawyer Alan Dershowitz to get the children, who are American citizens, back to the U.S.

As ABC News reports, Dershowitz was a legal adviser in the Elian Gonzalez custody case.

High society role: Rutherford stars as Serena's (Blake Lively) mother Lily van der Woodsen in Gossip Girl

According to the Los Angeles Times, Giersch is required to buy six round-trip coach airline tickets for his ex annually.

However, Rutherford, who said she travels to France as frequently possible, claims she is forced to maintain a busy work schedule to pay off her legal bills.

Giersch previously released a statement through his lawyer, Fahi Takesh Hallin, about the custody battle.

Hallin told ABC Giersch is 'focused on co-parenting the children, and continuing to promote any and all contact of the children with Kelly.'

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Your comments: The children have automatically two nationalities (same as mine), so they are American and German citizens. Visas are quite easily revoked if there are doubts. She's manipulative and lying. Who else would use the pictures from Nice airport on a big screen in a tv show, if they were taken against your will. He's a decent guy, trying to keep everything out of the public and I am very sure France offers the better life (and school) standard for the kids than New York.

- Sonja van der Linden , Rotterdam, Netherlands, 17/9/2012 10:57

Click to rate Rating 1

she obviously hasnt learned her lesson. Yet again, despite the judge admonishing her for trying to keep him out of the childrens lives..she goes on national (basically worldwide) television to badmouth him? Is that the way to fight this? Maybe so but I just think that there is more of a chance it will work against her. I would love to know if he is an arms dealer and is selling drugs. If so, then hopefully the FBI is involved. Why was his passport revoked? that is confusing that his passport is revoked but a state judge lets him keep custody? I don't get what is going on here except that she seems very manipulative and a bit of a whiner. Either she has a very good case and just needs to prove it or she is such an egomaniac that she is her own worse enemy.

- Lisa R , buffalo, 15/9/2012 02:56

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Kelly's lies and manipulation are the reason his passport was revoked. She had a master plan to do everything in her power to keep him out of his childrens lives. That plan backfired, the judge saw right through it and she has been deemed unfit because she ignored every previous court order to allow him to spend time w his children. Kelly is no victim...she is a victimizer and she got what she deserved

- mimij , Boston MA, 14/9/2012 14:18

Click to rate Rating 16

- mimij , Boston MA, 14/9/2012 14:16

Click to rate Rating 16

Silly to have kids with someone from another continent. It deteriorates your life.

- Tim , Rotterdam, Netherlands, 14/9/2012 13:39

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I remember reading about her years ago divorcing him and him finding it almost impossible to see his children. She edged him out of the kids lives and ultimately it reversed itself.

- backfires , los angeles, 14/9/2012 08:18

Click to rate Rating 62

Did she or did she manipulatively get Mr. Giersch's citizenship revoked? Are the kids not also French citizens?

- OhMy , Austin, United States, 14/9/2012 01:32

Click to rate Rating 66

Obviously the US government felt that there was a very good reason not to allow this man back into the country. They don't just ban you for no reason. I can't, for the life of me, understand why a judge would award custody to someone who is *banned* from this country.

- Shelly , Nashville, United States, 14/9/2012 01:26

Click to rate Rating 65

Don't they have French citizenship as well? IF so, why are we arguing that they are citizens of the U.S., and should be here?

- OhMy , Austin, United States, 14/9/2012 01:08

Click to rate Rating 39

I think that unless the mother is unfit (mental illness, physical illness, dead, missing, etc) the kids should stay with her.

- Olivia , South America, 14/9/2012 00:24

Click to rate Rating 46

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