'Gossip Girl' Kelly Rutherford warned the dispute: "What happened?

  "Gossip Girl" star Kelly Rutherford is the mother of two young children - but the only way they get to see these days is to take an international flight. Thank you for a preliminary ruling by a U.S. judge, Hermes (5 years) and Helena remain (3 years), in custody of her father to Monaco and France, where he has avoided trouble by his U.S. visa again.

This is a situation that was left Rutherford confused and upset, and she joined Savannah Guthrie TODAY Thursday with Star Jones legal outline next to discuss the case and where things go.

"I was just in France two weeks ago, and I will return at the end of the month," Rutherford said now about his frequent visits abroad, the children seen in the custody of his ex husband Daniel Giersch. "I talk to them on Skype, I have my alarm clock in the morning and call in the morning to hear their voices, when they wake up."

In theory, this is a temporary situation, as Giersch work to get his visa back - but take Giersch has room for years to get that far.

"He has no motivation to return to the country," said Rutherford. "They live in the house of a friend of his mother in France - it's not even in his name."

Jones added that every dish Giersch said, is that "good faith effort" shall mean a visa (not the reasons for which it was removed to be announced) to make. "Good faith efforts are extremely subjective," she said. "Americans have the right to due process and equal protection, and children are U.S. citizens, and they were actually deported to another country."

The situation is still ongoing at the moment, so that Rutherford in a painful position: it is under with "Gossip Girl" contract, but will be nothing more than with their children full-time. Even more frustrating is that the judge both Rutherford and Giersch said to be good parents. "If I won a parent, and I am the mother and I was the primary caregiver of the children ... I followed all court orders, while the judge asked me to do, what happened?" She asked.