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'I'm Just Afraid': Kelly Rutherford Dreading Next Court Battle For Custody Of Children – Says 'They Could Just Disappear'

Kelly Rutherford Custody Battle Kids American
Source: Splash News / Getty Images

Oct. 1 2015, Updated 9:28 a.m. ET

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Kelly Rutherford said she is "just afraid" about losing her children as her next court date approaches in her bitter custody battle with her ex-husband Daniel Giersch.

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Kelly Rutherford Custody Battle Kids American
Source: Splash News / Getty Images

Kelly Rutherford Ordered To Give Back Her Children To Ex In Monaco **FILE PHOTOS**

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As her next court date approached, the actress spoke about her dark feelings about the court's possible decision. "I'm just afraid," she told The Hollywood Reporter. "They lived on a boat in Monaco for awhile and I think Daniel could put them on one again."

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EXCLUSIVE: Kelly Rutherford gets frozen yoghurt with her children in New York.

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The mother-of-two, Helena and Hermes, revealed her worst fear about her Daniel Giersch gaining full custody: "If he's allowed to keep them there, they could just disappear into the night and I might never see them again."

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Actress Kelly Rutherford, wearing a white tank top, jeans and sneakers, takes her children, Hermes and Helena Giersch, to Central Park in New York City on July 6, 2015

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The Gossip Girl star explained how she fell for Giersch: "I found out he wasn't who I thought he was at all ... I was naive. I was totally taken in by him. Then, he totally changed. Now, he's gone, and he's got our kids and yet he and his lawyer are calling me a kidnapper and a child abductor. Nobody understands it, and I don't blame them. I don't understand it myself."

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EXCLUSIVE: Kelly Rutherford go to dinner at Gina before kids leave to Monaco, France.

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In August, the blonde beauty refused to return the children to their father after having them with her in New York City. "I didn't want to just put them on a plane when the courts in L.A. and New York told me they didn't have jurisdiction. They're American kids and they should have protection as U.S. citizens."

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EXCLUSIVE: INF – Kelly Rutherford Takes Her Children Out To Dinner With BF Tony Brand On The Same Day She Loses Custody Battle To Ex-Husband

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Rutherford detailed her better days with Giersch, saying that "he seemed to have the answer to everything" and "an air of superiority that I took for confidence. He exaggerated his achievements." She added, "My friends thought he was arrogant. I thought they were just being protective. I just fell for his charm. Looking back, the red flag should have been how charming he was."

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Actress Kelly Rutherford rides bikes with her children, Hermes and Helena Giersch, in Central Park by Kerbs Boathouse in New York City on July 6, 2015

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A point of contention in the bitter custody battle has been Rutherford not listing Giersch on her daughter Helena's birth certificate. She told The Hollywood Reporter that she listed the baby as Helena Giersch, but left Daniel's name off because she was "stressed out after the child's birth."

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The Easter Beagle Presents Canine Couture” at Palm Beach Fashion Week

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Michael Ganss, a Berlin software entrepreneur who was sued by Giersch, told the magazine about her ex: "Everyone there knows Kelly Rutherford from TV. No one knows Giersch's ugly past. Giersch looks boyish, almost fragile, but his looks and everything else are deceiving. He's cold, calculating and very aggressive."

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