Kelly Rutherford's Custody Battle Headed to Federal Court

Actress Kelly Rutherford's custody battle with ex Daniel Giersch continues.

The couple shares joint custody of Hermes, 8, and Helena, 5, but a judge ruled that they should live with their father in France. Kelly fought the decision, but last year a second judge refused to overturn the court ruling.

On Wednesday, Kelly's children will have a hearing at the Second Circuit Court of Appeals in Manhattan in front of three appellate justices. Lawyers will argue that a California family court had no authority to force the children to move to France with their father. The case is unprecedented.

Kelly, who works with the Children's Justice Campaign to help modernize family court laws, shared her thoughts on YouTube, telling fans, “I just want to thank you for your support of me and my children. For those of you who have been asking, I'll be in federal court March 18 to discuss my children's basic human rights as U.S. citizens and their right to live freely in their own country. I believe that children are people too and they have a voice. Thank you, thank you, thank you.”