For Kelly Rutherford, her real-life drama seems way crazier than that of the shows on which she has starred, like Gossip Girl. (And that's saying something).

A judge has just ruled that the two children the 45-year-old actress shares with ex-husband Daniel Giersch will stay with their father in Monaco, even though Kelly and Daniel have joint custody.

Here's the rub: Daniel, a German businessman, is barred from the U.S. due to a revoked visa — so the  children are staying with him with Kelly visiting whenever she can to spend time with them.

"It strikes me as outrageous and unconstitutional that children can be effectively deported in order to accommodate their exiled father without knowing why he can't come back in and he has not been required to make any efforts to try to get back to the U.S. by the U.S. courts," she tells People.

Kelly and Daniel married in August 2006 and welcomed son Hermés two months later. Then, in December 2008, while pregnant with their second child, Kelly filed for divorce. She gave birth to daughter Helena in August 2009.

The battle hasn't just distressed Kelly, it's also made her bankrupt. She revealed in June 2013 that legal fees cost her $1.5 million.

She tells People that she will appeal this latest judgment.

Source: People

Dan Clarendon is an assistant editor at Wetpaint Entertainment. Follow him on Twitter and Google+!