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Kelly Rutherford Reveals Shocking Details on Her Custody Battle: “The Children Are at Risk”

An emotional Kelly Rutherford (Lily) appeared on ABC’s The View, talking about the recent family court ruling that has her two small children — Hermes, 5, and Helena, 3 — living in France with their father Daniel Giersch.

She describes her 18-month marriage to Daniel as brief, explaining, “I left when I was three months pregnant because I was pretty scared about what I was finding out about him, and there were just some strange things happening.” She and Daniel split in 2008, agreeing to shared custody of the kids in New York.

The current custody battle began later when the U.S. State Department revoked Daniel’s visa because of his unwillingness to cooperate in their investigations of his international business — including fraud, drug, and weapon trafficking charges. Unable to stay in the States, Daniel now lives in exile France, though he’s a German citizen.

Until the recent ruling, the children had lived with Kelly in New York, but she’d been flying them to international locations that Daniel could visit legally. The judge expressed concern that the frequent travel was too taxing on the children, and ruled they are to reside with Daniel in France, with Kelly allowed to visit.

Either way, the situation must be stressful for the children. Kelly says, “I don't think he would intentionally harm the children or I couldn’t live with myself right now, but I do think that the children are at risk,” She adds, “Because I was the primary parent, and now I’m the visitor, and there are a lot of things being said to them every day that we all hear, and that aren’t things that kids need to hear.”

Watch the videos below for full details, including insight by ABC Legal Analyst Dan Abrams.

Source: ABC

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09.14.2012 / 01:03 AM EDT by Daynah Burnett
Related: Gossip Girl, Kelly Rutherford

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