AceShowbiz -

Kelly Rutherford, the mother of two kids, son Hermes, 8, and daughter Helena, 5, shared her devastating story about custody battle in a pre-taped interview with "Good Morning America" on Tuesday, April 14. United States court ordered her children to continue living abroad with her ex-husband, Daniel Giersch in France.

The "Gossip Girl" alum shared her woes as her request to get full custody and to bring her children back home to NYC was denied by the federal court. "I know it's not right. Parents know - everyone knows it's not right. I can sit here and tell you how often I cry. I can tell you how it feels to leave my kids in a foreign country and seeing them after not seeing them for weeks on end. Not being able to bring them from school and pick them up from school, dress them, hug them, smell them," the actress said.

Kelly and her German ex previously were sharing custody of their kids after their divorce in 2010, but then in April 2012, Giersch was deported from the U.S. because of his alleged fraudulent business practices. Giersch was unable to reenter the United States and the California Superior Court judge ruled Hermes and Helena should reside in France. The decision was made because Rutherford can visit her children in France and it was considered as a better way rather than having the children with Rutherford in the U.S. and have to travel abroad to see their father.

Rutherford came to a federal court recently and requested of her children's constitutional right as U.S. citizen, but it was dismissed by the court. "The children have not been deported, they retain their United States citizenship and, once they reach the age of majority, they will be free to choose whether to reside. Under such circumstances, it would plainly be improper for the federal court to assume juridiction over the case," the court agued.