Actress Kelly Rutherford's Custody Battle

"It's really hard, it's really hard," Says actress Kelly Rutherford. It's been nearly three years since she lost physical custody of her children, a boy and a girl. 

RELATED: Actress Kelly Rutherford & Wendy Murphy's International Custody Fight

A California judge sent them to live with their father in Monoco even though both kids are U.S. Citizens. Kelly says, "I was in utter shock…I couldn't believe that this could happen in this country." Attorney Wendy Murphy who represents Kelly and the Children in the middle of this custody battle says, it's unconstitutional for a judge to order U.S. born children to live outside of the country.

The contentious custody battle began in 2010 when Rutherford and Daniel Giersch divorced. He told the judge his visa had been revoked. The judge ruled it would in the best interest of the children to live with their father since their mother had the means to travel abroad. "I never thought this was even possible," says Kelly. She now plans to take her custody battle to the white house. She needed to collect 100,000 signatures in order for the president to address her petition. She's received more than that. Kelly's attorney says, "I think President Obama should care, as should all good parents. If this could happen to Kelly Rutherford's children, it could happen to anyone."

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