Kelly Rutherford is broke and facing bankruptcy due to her ongoing bitter custody battle with her ex-husband.

The Gossip Girl star is opening up about her dire financial situation and heartbreak over losing custody of her two children to her ex-husband, to E!News and has a video clip of her emotional sit down.

Kelly Rutherford has been embroiled in a bitter custody battle with her ex-hubby over son Hermes and daughter Helena


As previously reported, Rutherford, 44, lost primary custody last year of son Hermes, 6, and daughter, Helena, 3, to her German-born ex, Daniel Giersch, who now lives in Monaco, France, after he was forced to leave the U.S. following visa issues.


In the interview, Rutherford says she has spent "millions of dollars" in her bid to regain custody of the children, claiming her money situation has become so desperate that she has been forced to move in with a friend as she can no longer afford to rent her own apartment.


Kelly, who filed for divorce from Giersch in 2008, said she has paid for over 40 trips in order to see her kids since they moved to Europe with their father last May—and that the cost—combined with legal fees, has left her deep in the hole financially.

Kelly's children live in Monaco, France, with their father who has primary custody of the two


"I've spent every penny," she says. "Every penny from Gossip Girl, my pension, my stocks has been spent fighting for my children."


Rutherford shares that it's not only been a financial nightmare since losing custody, detailing the emotional toll of being away from her young children—and the heartbreak of having to leave them behind when she flies home solo.


"Having to peel my son off my body, screaming 'mama save me!' when I had to give him to his father," she says. "Not because he doesn't love his dad, but because he's too young and it was, like, a forced thing."


Going on to explain that leaving the kids is akin to, "Being in a park full of happy laughing children and the next day you walk past the park and it's empty."

Kelly filed for divorce from husband, Daniel Giersch, back in 2008, while still pregnant with the then-couple's daughter


Kelly says that she had no idea the divorce would mean losing her children, explaining they were at the forefront of her mind when she decided she needed to split from their father.


"I said, 'I don't want any money, I don't want anything, let's figure out a great plan for the kids,'" she explains. "The relationship was obviously not working. And, four years later, this is where I am."


Meanwhile, Rutherford has a custody hearing in September and is hoping the judge will rule in her favor and allow her to bring the children back to the U.S. to live with her in New York.


You can watch the full interview on E!News Monday night—check local listings for times


Do you think Kelly should have full custody of her children? Sound off in comments and tweet us @OKMagazine


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