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Kelly Rutherford loses custody of children in brutal divorce

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Ex-husband will keep their two kids in France

Gossip Girl mom Kelly Rutherford loses custody of her two small children to her ex-husband in France.

Ex-husband will keep their two kids in France

In a heartbreaking custody decision, Gossip Girl mom Kelly Rutherford loses custody of her two daughters to her ex-husband. Even more shocking, Rutherford's children -- who are ages 3 and 5 -- will remain in France where her ex-husband is a citizen.

Kelly was on The View Thursday morning and broke down in tears when asked about her divorce.

"It's just been crazy," Rutherford said, crying. "My little girl said, 'I want to come home mamma, I want to come back to New York.' My son, who's kind of been brainwashed, says where he is is so much better."

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Rutherford also stated she is fearful her ex-husband, Daniel Giersch, will take the children and disappear to a different country.

"He could disappear tomorrow and I'd have no way to look," she told the ladies of The View. "My biggest fear is that I wouldn't know where they are"

Kelly Rutherford married Daniel Giersch in August 2006 but left him in 2009 while pregnant with their second child. Her divorce to Giersch was finalized in 2010.

Their custody issue is especially complex since Giersch is no longer permitted in the United States. His visa was revoked, some speculate, in part to Kelly Rutherford's accusations that Giersch was using drugs and violent. Those accusations were never proved in court. Rutherford can still maintain visitation with her children provided she fly to France at her own expense.

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"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" Rutherford said. "I just want them to be OK," she added. "They are just little babies. They need a chance to have a consistent life."

Photo courtesy of Ivan Nikolov /
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