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Kelly Rutherford's Custody Request DENIED!!!

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 kelly rutherfords custody request denied vows to still fight with appeal

But she wont' give up!

Kelly Rutherford is in the midst of an international custody battle, and her battle was just dealt a big blow!

A judge has ruled in the favor of the former Gossip Girl actress' ex hubby Daniel Giersch. Which means he'll keep custody of their son and daughter.

And also means he's no longer required to bring them from Monaco to the U.S. to visit their mother in NY!

But Kelly plans to appeal the ruling. She also plans to act as her own lawyer which we're guessing she's doing because she's recently filed for bankruptcy.

Here's what she said:

"It strikes me as outrageous and unconstitutional that children can be effectively deported in order to accommodate their exiled father, with no proof of why he can't be in the U.S."

The problems began when the ex husband's American visa was revoked back in August of 2012. A few months later a judge ruled that their children were to go live with their dad in Monaco.

Rutherford plans on flying to Monaco to bring her children - son Hermés and daughter Helena - home for Christmas.

But you can see why the mommy is upset when she explains how she's flown back and forth 45 times since a judge ruled for them to live with their papa.

That's a lot of flights for someone who recently filed for bankruptcy!

[Image via Stephan Schraps/Future Image/WENN.]

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