Kelly Rutherford gets emotional about custody war on "The View"

Kelly Rutherford visits ABC's "The View" on Sept. 13, 2012.

/ ABC

(CBS News) Kelly Rutherford got personal on "The View" Thursday, breaking down in tears as she opened up about her custody war with ex-husband Daniel Giersch.

A Los Angeles judge ruled in August that the former couple's children, Hermes, 5, and Helena, 3, will now live with Giersch in France. The German businessman is barred from traveling to the U.S. because of a revoked visa. He now calls France home, so Rutherford has to travel frequently to see her children because Giersch can't enter the U.S.

Read more: Kelly Rutherford's kids to live in France with ex

During her most recent trip, Rutherford said her daughter was begging to return home to New York.

"It's just been crazy," the "Gossip Girl" actress said, later adding, "My little girl said 'I want to come home,Mama, I want to come back to New York.' My son, who's kind of been brainwashed that where he is is so much better, always says, "Mama, I love you so much. You're in my heart.'"

When asked if  her ex was a good parent, Rutherford, 43, said, "I don't think he would intentionally harm the children or I couldn't live with myself right now, but I do think that they are at risk," she said. "I was the primary parent, and now I'm the visitor, and there are a lot of things being said every day that we all hear, and they aren't things that kids need to hear."

Rutherford said she's mainly worried about their safety and keeping track of her ex.

"My fear is that he could disappear tomorrow and I don't know where to look," Rutherford said. "There's no way to trace him. There's no bank account numbers, there's no taxes, there's nothing."

Rutherford is currently working with her attorney to regain custody, but said she has to continue working to afford the high legal fees.

At the time of the ruling, Giersch's lawyer, Fahi Takesh Hallin, told E! News that Giersch is "focused on co-parenting the children, and continuing to promote any and all contact of the children with Kelly."

Rutherford opened up about the ruling at the time via Twitter:

Thanks everyone for your support. My children are American citizens who go to school in NY & I'll keep fighting to bring them home. xoxo

-- Kelly Rutherford (@KellyRutherford) September 1, 2012

Rutherford and Giersch wed in 2006 and split two years later.

Rutherford has recently been romantically linked to her "Gossip Girl" co-star Matthew Settle. They've been filming the final season of the series in New York City this week.

Watch part of Rutherford's appearance on "The View" below:

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[[e-mail]]

Me too, Kelly. Mothers and children are routinely discriminated against in Family Courts all over the US. See www.mothers-of-lost-children.com for information. I haven't seen my daughter in 6 years, despite being judged an excellent mother and never having my parental rights taken away. The judges were bribed in my case to do this to me and my baby, bribed by my Rapist: http://youtu.be/EjhVkvUUPvM

[[e-mail]]

http://www.mothers-of-lost-children.com/MOLC_info.htm