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'Gossip Girl' Star Vows to Appeal Int'l Child Custody Ruling

"Gossip Girl" star Kelly Rutherford has been embroiled in an international custody battle with her German ex-husband, Daniel Giersch. This week, Rutherford suffered a big loss in French family court, TMZ reports.

The actress was likely seeking sole physical custody in order to move her children from France where they know live to the States. However, it looks like the kids will remain in France for the foreseeable future, since Rutherford's request was denied.

Rutherford's children ended up in France because Giersch, a German businessman, had his visa revoked and can't come back to the United States, according to TMZ. The judge ruled in favor of Giersch because of his lack of mobility. If the children were to reside in the United States with Rutherford, Giersch would hardly be able to see them.

The French judge reportedly ruled that, as an actress, Rutherford had a flexible schedule that would allow her to travel back and forth to France in between shoots to visit her kids. The judge was probably also concerned about the children's well-being. Courts are often reluctant to grant joint physical custody because the constant movement between parents can disrupt the children's living situation and uproot them from their school and friends.

American courts are primarily concerned with the "best interests" of children when making custody determinations. Judges often look at the children's preference for one parent, their home environment, and their adjustment to school and home life when considering what's best.

Rutherford disagrees about the flexibility of her schedule and plans to appeal the decision. The actress thinks that traveling back and forth between France and the States will make it nearly impossible to spend meaningful time with her kids.

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