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OTRC: Kelly Rutherford of 'Gossip Girl' speaks out about custody battle - See video

Kelly Rutherford of 'Gossip Girl' speaks on 'Good Morning America' on September 1, 2012. (ABC)

Kelly Rutherford, an actress known for her role as Lily on "Gossip Girl," spoke out about her on-going custody battle during an appearance on "Good Morning America" on September 1.

A judge recently ruled that her ex-husband Daniel Giersch, a German businessman who had his U.S. visa revoked, will retain custody of their two children at his home in France.

"I will never stop fighting for my children. They're my babies and they're very young and this is going to affect them profoundly," Rutherford said in an interview, which can be seen below. "I want to be there as much as I can to show them that this isn't my fault, this isn't something I wanted, and that's my concerns."

Rutherford and Giersch wed in August 2006 and split in 2009 when Rutherford was pregnant with their second child. The two children, son Hermes, 5, and daughter Helena, 3, had been visiting their father in France for the summer. The couple has been involved in a custody battle for three years.

"They went away for the summer to visit their dad and now all of a sudden they are starting school in France, so I think it shocked everyone."

The judge ruled for a 50/50 caretaking split on custody for the children and since Giersch cannot enter the U.S. due to his visa issues, Rutherford must travel back and forth to France in order to spend time with her children.

Rutherford said she was unsure why Giersch's visa was revoked. "He has immigration issues, you know, only he can tell us about them and he refuses to do so. So there's a lot of things I don't know about him."

The actress also said that because of her job on the series, traveling to France in order to spend time with her children would be difficult.

"I have a job, so I mean I'm going to do my best to be there obviously every chance I get, but I can't just be there on a regular basis when I have to work and -- I mean, I just can't pick up and go, you know, that easily," she said.

Rutherford said that she has been video chatting with the children daily since the ruling and noted that the children are U.S. citizens who were born and raised in New York. The two will begin school in France on Monday and Rutherford's lawyers indicated that they will continue with the legal battle over custody.

Geirsch declined to comment about the custody battle but he released a statement through his lawyer saying he is "focused on co-parenting the children, and continuing to promote any and all contact of the children with Kelly."

Check out Rutherford's interview on "Good Morning America" below.

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