kelly. but rutherford's lawyers say the legal fight will continue. and they will appeal. for now, her children will begin school in france on monday. for "good morning america," tanya rivero, abc news, new york. >>> and actress kelly rutherford joins us now. kelly, thanks very much for taking time to join us. i know this must be a difficult time for you. i spoke publicly on "good morning america" on thursday. i view this opinion an outrage. were you stunned by the ruling? >> yes, dan. i'm still stunned. i'm still -- i'm a bit shocked by the whole thing. yeah. >> have you had a chance to talk to your children since the ruling? >> i have. i skyped with them the other day. i skype with them every day. yes. so, i've been talking to them on the phone and skyping. >> and you had been hoping to start them in school in new york next week? >> my son has been here in new york. they've both been raised in new york. they're u.s. citizens. they were supposed to start, yeah, tuesday in school here. my son's fourth year in school. >> did you get an opportunity to explain anything to the

interest to live with their father. >> you are so beautiful. >> reporter: on tv like real life kelly rutherfordr of two. but unlike her character on the hit show "gossip girl," rutherford is now long distance parenting. in august, a los angeles superior court judge ruled that her 3-year-old daughter and 5-year-old son both u.s. citizens will live with their german father in monaco and france. last week, the actress made an emotional appearance on abc's "the view." >> my little girl said, you know, i want to come home, mama, i want to come back to new york. and my son who has been brainwashed that where he is so much better. >> reporter: she's looking into fighting the court's decision. >> i do think that the children are at risk. because i'm now -- i was the primary parent, now i'm the visitor. >> reporter: he married rutherford in 2006, but the relationship fell apart two years later and ended in a bitter divorce battle. the couple still share legal, joint custody, but girsch had his visa revoked and could no longer travel to the u.s. for reasons that have not been disclosed. in the ruling, th

kelly rutherford shares her story in a live interview. but first, this is "today" >>> just ahead, the shadow scholar, a man who made a living helping thousands of college students cheat. means living with pain. it could also mean living with joint damage. help relieve the pain and stop the damage with humira, adalimumab. for many adults with moderate to severe ra, humira is clinically proven to help relieve pain and stop joint damage. so you can treat more than just the pain. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections or have symptoms such as fever, fatigue,

>> no, she wasn't. >>> let's get to kelly rutherford.aking out about the devastating custody ruling that sent her two american children overseas. her german ex-husband was expelled from the u.s. and barred from visiting this country. so, the judge ordered the children to move with him in france. we're going to speak with rutherford who did visit her children last week, in a moment. but first, linsey davis joins us with the very latest on this story. good morning, linsey. >> reporter: good morning, elizabeth. she's played in lots of dramas. but none with a story line that could have prepared her for this. kelly rutherford has been reduced to a visitor in her children's minds, all because of what some are calling one of the worst custody decisions ever. >> you're home early. >> reporter: on the hit show "gossip girl," kelly rutherford plays the matriarch, a man hhatn mom with serious style. last month, a judge ruled her two, young kids, just 3 and 5 years old, must remain halfway around the world, with their father in france. a very distra

kelly rutherford shares her story in a live interview. but first, thi >>> just ahead, the shadow scholar, a man who made a living helping thousands of college students cheat. means living with pain. it could also mean living with joint damage. help relieve the pain and stop the damage with humira, adalimumab. for many adults with moderate to severe ra, humira is clinically proven to help relieve pain and stop joint damage. so you can treat more than just the pain. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections or have symptoms such as fever, fatigue, cough, or s

kelly rutherford is joining me now. kelly, let me start with you.ened here with you and your ex-husband? >> um, he got kicked out of the country and. >> his visa was revoked? >> yes, exactly. and yet there is no justification for it we don't know why. we keep trying to figure it out. and i keep coming up with no answers from the judge. he is not required to show anything. he asked that the kids come live with him in france even though we have no connection to france. >> he is german? >> yes. >> did you go to france to visit the children? >> yes. i went to visit them. and then you discovered that they were are not coming back. there is a court order that came out, and they will not be coming back from france. because he can't come from america, and therefore he can't come back to america so they will stay there. therefore the french judge decided this? >> the california judge said this. the concern is that france will now have jurisdiction. >> how do you feel about this? >> i'm beside myself. i didn't think anything like this would be possible. >> al

"gossip girl" star kelly rutherford will be live in studio to share the emotional story of her ongoing battle for custody of her children. >>> and former "cosmopolitan" magazine editor in chief kate white gives tips on how to make it big in the business world. >>> now, keep it on this channel for continuing local news, weather, sports and much more. i'm veronica de la cruz. thank you so much for watching "early today," just your first stop of the day today on your nbc station. have a terrific thursday. -- captions by vitac -- www.vitac.com

kelly rutherford lost an appeal to keep her two dplirn the united states. citizens as is she. a judge deciding it was best to send them to live with her deported husband. he was deported under questionable circumstances though we don't know the details. but the children are ages 5 and 3 are american and according to legal heavyweight allen dershowitz, they have constitutional rights as americans. if you are born in america and you have born in america you have constitutional rights here. so there is a judge who decides the husband got deported. what am i to do? he got deported. now he lives in france. the kids can't see him. the mother who is a successful actress has the ability to travel to france. so kids even though you have lived here your whole lives. you didn't have that one visit to france. so off you go to france to live forever. jonna, is this going to be upheld? >> this ruling is so illegal it's unimaginable. we just had a california judge rule that two american citizen children have to go live in another country where neither parent is a citizen.