The Gossip Girl alum currently shares joint custody of her children, 7-year-old Hermes and 4-year-old Helene, with ex-husband Daniel Giersch. However, a judge ruled that both children will stay with Giersch in Monaco. Rutherford and Giersch split in 2008 after two years of marriage.
"It strikes me as outrageous and unconstitutional that children can be effectively deported in order to accommodate their exiled father without knowing why he can't come back in and he has not been required to make any efforts to try to get back to the U.S. by the U.S. courts," Rutherford tells the magazine. She also told the magazine that she plans to appeal the ruling.
Earlier this year, Rutherford filed for bankruptcy after she claimed to have spent $1.5 million on legal fees in the wake of her divorce from Giersch and subsequent custody battle.