Kelly Rutherford Vows to 'Never Stop Fighting for My Children'
09/01/2012 AT 04:00 PM EDT
"I will never stop fighting for my children. They're my babies and they're very young and this is going to affect them profoundly and I want to be there as much as I can to show them that this isn't my fault, this isn't something I wanted, and that's my concerns," Rutherford, 43, said on Saturday's edition of ABC's Good Morning America.
In court on Friday, Rutherford's request for her kids – Hermes, 5, and Helena, 3 – to be brought back to her in New York while she appealed Tuesday's legal decision was denied.
"They went away for the summer to visit their dad and now all of a sudden they are starting school in France, so I think it shocked everyone," Rutherford told GMA. PEOPLE has learned that Rutherford is headed to France for the first day of school.
Giersch, a wealthy German entrepreneur who resides in Monaco, is barred from returning to the U.S. because of a revoked visa. In their 50/50 custody split, both parents share caretaking duties, but because of their father's travel restrictions the children must live with him.
"I'm all for 50/50 and all for children having a mother and father and co-parenting – it's just that the way it's set up now – I'm a working mother," said Rutherford on the TV program.
"I've been the sole supporter of my children for their entire life. I have a job, so … I'm going to do my best to be there obviously every chance I get, but I can't just be there on a regular basis when I have to work," she said. "I just can't pick up and go, you know, that easily."
While Giersch is not commenting on the situation, he released a statement through attorney Fahi Takesh Hallin, saying that he is "focused on co-parenting the children, and continuing to promote any and all contact of the children with Kelly."