Kelly Rutherford, well known for playing Lily van der Woodsen in the hit teen drama series, "Gossip Girl" heartbreakingly lost a custody battle, which would have allowed her to bring her son Hermés, 8 and Helena, 5 back to the United States.

Her two children, from her previous marriage to Daniel Giersch, live in France with their father. Just this Tuesday, Kelly talked to ABC News about her distressing situation. Tearfully, she said that what's happened isn't right. "Parents know...Everyone knows it is not right," she remarked.

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The custody battle started way back in August of 2012 when the California judge handling the case settled to send Kelly's son and daughter to Europe and go reside with their father. Though, they were supposed to share the custody of Hermés and Helena, it changed when Daniel left to go abroad and wasn't allowed to reenter the United States. Since then, Kelly has been going back and forth to France just to see and visit her children. 

Evidently saddened by the situation, Kelly said that she can sit and tell people how often she cries and how it feels to leave them in a different country, to visit them after not being able to see them for weeks, to not be able to bring them and pick them up from school, to smell them, dress them and hug them. 

Dan Abrams, a legal analyst for ABC News, described the whole case as "crazy" since Kelly isn't a bad parent and that there hasn't even been an allegation that she is. The main basis of the ruling, he said, is basically saying that they do not want to let the kids fly back and forth to see their father who cannot enter the United States, so they'll let them move to France instead.

Because of the expenses incurred by the custody battle, which is still ongoing by the way, Kelly filed for bankruptcy in 2013.

Despite sending the children to France, the federal court ruled that "they have not been deported" and that they will be able to retain their U.S. citizenship. The court added that "once they reach the age of majority, they will be free to choose where they reside."

With everything that's happened, Kelly is still fighting for her children and will never give up on her rights as their parent. She shared to ABC News that she told his son that she's still fighting for them. "My children... not only were they taken away, they were sent to a foreign country," she said.

Meanwhile, Daniel's attorney released an official statement to ABC News and said that he's protecting their children from any kind of negativity and therefore will not participate in "false media fabrications."

TagsGossip Girl, Kelly Rutherford, Daniel Giersch, custody battle