September 20, 2012 7:42am PT by Erin Carlson
'Gossip Girl' Actress Kelly Rutherford Opens Up About Her Bitter Custody Battle on 'Today' (Video)
Gossip Girl actress Kelly Rutherford continues to speak out on the custody dispute with her ex-husband in which a judge ruled that their children should live with him in France.
Rutherford, who portrays Manhattan socialite Lily van der Woodsen on the CW series, appeared on the Today show Thursday morning to discuss her dilemma; last week, she tearfully addressed the topic on ABC's Good Morning America as well as The View, saying she thinks her ex, Daniel Giersch, "could disappear tomorrow and I don't know where to look."
Rutherford and Giersch, a German businessman, married in 2006 and divorced four years later. Although both have joint custody of their 3-year-old daughter and 5-year-old son, an L.A. Superior court judge decided last month that the kids (who are United States citizens) would relocate to Monaco and France to be with Giersch, who was forced to leave the country when his visa was revoked in April for reasons that were not disclosed.
He is expected to pursue another visa in an attempt to return to New York, where Rutherford films Gossip Girl; there is a two-year deadline after which the court will assess the chances of Giersch returning to the U.S.
"He has no motivation to get his visa, to get back in the country ... she's given him absolutely no motivation from the beginning," Rutherford said on Today, referencing the judge, Theresa Beaudet. "She hasn't required him to show any information as to why his visa was revoked. We've seen one email this entire time, so it's very odd. I mean, they're living in his mother's boyfriend's home in France, it's not even in his name."
She said she had "proposed basically a 60/40 schedule" in which she would fly the kids overseas on school holidays and to nearby countries like Bermuda when Giersch was available to see them.
Beaudet's Aug. 28 ruling stated that, "Daniel has facilitated the relationship of the children with Kelly, particularly in the most recent years, and that Kelly simply as not done so ... ."
Rutherford, who said she visited France two weeks ago and will fly out again later this month, remarked in response: "I was accused of interfering for the mere reason that I inquired as to why his visa was revoked. I had gotten information saying that the visa had been fraudulent from the beginning, and presented that to the court."
Rutherford -- fighting for sole custody -- plans to appeal the decision, and for his part, Giersch remains mum. "To protect the children and also Kelly, I have decided not to comment," he told People magazine in a post-ruling statement.
In a recent report, the magazine cited as a source as saying that Rutherford was to blame for Giersch's deportation. "Kelly stated on the record that Daniel was dealing drugs and weapons in South America, which under the Victory Act is considered terrorism. Just the accusation is enough to revoke his visa," said the source, denying the allegations.
Per court decree, Rutherford must show "good faith efforts" to help Giersch in his efforts to obtain another visa.
In 2009, amid their contentious divorce battle, Rutherford -- then four months pregnant -- sought to ban Giersch from traveling outside the U.S. with their son, Hermes, who was 2 at the time, for fear that he would kidnap the child.
Watch her Today interview below: