Kelly Rutherford Breaks Silence Over Custody Battle

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September 2, 2012 | 6:31pm EST

Gossip Girl star Kelly Rutherford has spoken out after losing the latest round in her custody battle, insisting she’s “still shocked” by the judge’s ruling.
The actress was left devastated this week after she lost her bid to have her two children return to the U.S. from France, where they spent the summer with their German businessman dad, Daniel Giersch.
Rutherford, who shares custody with Giersch, admits she is still in shock as she has previously never been separated from her five-year-old son Hermes and daughter Helena Grace, three.
She tells Good Morning America, “I’m still stunned. I’m a bit shocked by the whole thing… They’ve both been raised in New York, they’re U.S. citizens. They were supposed to start school here. They went away for the summer to visit their dad and now they’re starting school in France. I think it’s a shock to everyone…
“I saw them every day. I’ve never spent a night away from them in my life until all of this started happening. I’m concerned for them emotionally.”
The judge ruled the kids will have a more stable living environment with their father until his immigration problems are resolved, but Rutherford believes her busy schedule will make it hard for her to regularly visit them in Europe.
She adds, “I’m all for 50/50 (shared custody) and all for children having a mother and father and co-parenting… it’s just that the way it’s set up now… I’m a working mother. I’ve been the sole supporter of my children for their entire life and I have a job. I’m going to do my best to be there obviously every chance I get, but I can’t just be there on a regular basis when I have to work. I just can’t pick up and go that easily.”
However, Rutherford is adamant she will appeal against the decision, declaring, “I will never stop fighting for my children.
“They’re my babies, and they’re very young, and this is going to affect them profoundly, and I want to be there as much as I can to show them that this isn’t my fault, this isn’t something I wanted.”
Rutherford has been locked in a bitter custody battle with Giersch for the past three years.