Kelly Rutherford Custody Battle Left Her Broke; Almost Bankrupt

Kelly Rutherford has been left broke after using all her money to fight for custody of her two children.

Rutherford, who used to star on Gossip Girls, made the claim to E! She said she was on the verge of filing for bankruptcy. All of her personal finances have been exhausted fighting her ex-husband, German businessman Daniel Giersch, for custody of their kids 6-year-old son Hermes and 3-year-old daughter Helena. The children live in Monaco with Giersch even though she has joint legal custody.

Rutherford said she was depending on the kindness of her inner circle. She is living at a friend's apartment. She said she, "spent every penny. Every penny from Gossip Girl, my pension, my stocks has been spent fighting for my children."

Rutherford was pregnant with Helena when she and Giersch started divorce proceedings. At the time, she turned down any financial settlement.

"I said, 'I don't want any money, I don't want anything, let's figure out a great plan for the kids,'" she said. "The relationship was obviously not working."

Rutherford said she had high hopes for her relationship with Giersch. She wanted the marriage to work out but was thankful to him for their kids. She now feels that her kids are the ones suffering because of the custody situation.

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

It was in August 2012 when Judge Beaudet ruled that it was in the best interest of the children to relocate outside the United States. Rutherford had been seeking sole custody, but she was denied. The judge reasoned that the children should stay with their father until he could get his visa restored.

"The best interest of the children will be served because the relocation plan for France is the only plan that offers the possibility of nearly equal parenting time while Daniel cannot return to the US," the judge said. "Once Daniel can return to the US, the parties have agreed to equal parenting time."

Rutherford was angered by the decision. She felt it set a bad precedent.

"If it can happen to me, it can happen to anyone," she said. "You never think this is possible in your own country."