Kelly Rutherford is supported by her brother as custody battle takes its toll
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She has said she is living a mother's worst nightmare in the wake of her ex-husband's win in their child custody case.
And Gossip Girl star Kelly Rutherford looked tense and frail as she joined her supportive brother for lunch in New York on Monday.
The 43-year-old was stylishly dressed in a fawn coat and boots, and although she hid her eyes behind dark sunglasses it was clear the fight over her young children is causing immense strain.
The Melrose Place actress broke down on The View as she discussed a ruling that would allow ex Daniel Giersch to keep their son and daughter, ages five and three, in France.
But the US-based mother-of-two, who has vowed to appeal, said she has drained her earnings to pay off legal bills - and must keep working to afford the fight.
Rutherford, who married the German businessman in 2006, separated three years later when she was pregnant with their second child, and divorced in 2010.
A bitter custody battle ensued, and on August 28 Los Angeles Judge Theresa Beaudet ruled the children should remain in France with their father, who they'd been visiting over the summer.
Complicating matters, Giersch's visa was revoked earlier this year and he has been banned from entering the US.
As a result, the couple will continue to have joint legal and physical custody with Rutherford required to fly overseas for visitation.
'I have to keep working to be able to afford this [the custody battle].
'I have been through pretty much everything,' Rutherford said. 'It’s just been crazy.'
The judge gave custody to Giersch as it was her opinion that Rutherford had repeatedly tried to cut her ex-husband out their children's lives.
Rutherford said she is consulting with lawyer Alan Dershowitz to get the children, who are American citizens, back to the US.
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