EntertainmentCelebrities Kelly Rutherford talks children, custody battle and more NEW YORK, NY - APRIL 28: Actress Kelly Rutherford attends the alice + olivia by Stacey Bendet and the CFDA celebration of the alice + olivia and Domingo Zapata collaboration on April 28, 2015 in New York City. (Photo by Michael Loccisano/Getty Images for alice + olivia) Photo Credit: Getty Images / Michael Loccisano By KELLY KILLOREN BENSIMON. Special to amNewYork April 30, 2015 4:50 PM Print Share fbShare Tweet Email This 'Gossip' mom has plenty to gossip about. In fact, Kelly Rutherford feels betrayed and it's not by a line in a script, but rather by her ex-husband, Daniel Giersch and California family court Judge Theresa Beaudet. Rutherford created a petition at change.org/kellyskids to ask for help. The stakes are high -- her ugly divorce could potentially become a Congressional issue. According to Rutherford, the California judge sent her children to France with her German ex-husband because his work visa was apparently revoked. Neither the mother nor the father are French; however, the father has recently filed papers in Monaco, which could declare the children “habitual residents’. He has also filed papers to possibly take her parental rights away. How does it feel for a judge to rule in favor of the father? The ruling wasn't based on who is a better parent; it was based on the fact that he was living in Europe and strangely never reapplied for a visa. The judge made an order that was unenforceable in the country she sent them to. Our rights as U.S. citizens trump the rights of parents' rights. Now my children are in Europe, and all the judge had to do was ask me to follow court orders to have the children see their father. Why did your ex-husband never try to bring the children to the United States? There are a lot of circumstances, but the judge clearly ignored that . If your work visa is revoked it doesn't prohibit you to come into the country as a visitor. What's your plan of action now? The petition is reaching out to people at the State Department. We are finding out when my ex can come to the U.S. How long were you together? Two and a half years. What exactly do you want from all this? I just want my kids home and what's just and fair. How many times a year do you go to Europe? Every three to six weeks I go to Europe. I go as often as I can afford to go. Is this he-said-she-said? This isn't he said or she said. You don't keep kids out of their country. How old are your children? Helena is 6 and Hermes is 9. They left the country when they were 2 and 5. What lesson did you learn from this? To find joy in every day and to be the best mother I can be in spite of the situation. By KELLY KILLOREN BENSIMON. Special to amNewYork Share on Facebook Share on Twitter Comments We're revamping our Comments section. Learn more and share your input.