Things for Gossip Girl’s Kelly Rutherford just got even more complicated thanks to her drawn-out custody battle with ex-husband Daniel Giersch.

The last time we heard from the 45-year-old actress, she was denied custody of her two kids, son Hermés, 7, and daughter, Helena, 5, who are both currently living in France with their father, per an order from an L.A. County Superior Court judge.

Long story short: Daniel, a German businessman, is currently exiled from the U.S. thanks to a revoked visa, and as such, his kids are taking up residence with him. As for Kelly, she has visitation rights. Well, no surprise here, Kelly isn’t happy with it. In fact, she’s threatening to break the law.

According to new legal documents acquired by TMZ, Kelly claims having her kids sent out of the country is causing an “immigration issue.” She is now requesting a federal judge to “invalidate the state order” so she can regain full custody and bring her kids back to the States.


If for some reason Kelly doesn’t win this request, she claims that “her only recourse is to defy the judge and keep her kids.” While the actress understands she’ll get in trouble for this act, she claims that it’s her “only option.”

The Gossip Girl star and Daniel tied the knot back in 2006, and two months later, welcomed son, Hermés. Kelly filed for divorce back in December 2008 while she was pregnant with their second child, Helena, who arrived in August 2009.

SourceTMZ