Kelly Rutherford's Ex-Husband Daniel Giersch Responds to Actress' Comments About Lost Custody Battle

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Kelly Rutherford's ex-husband has something to say, too.

Daniel Giersch's attorney, Fahi Takesh Hallin, has released a statement on behalf of his client regarding the actress' media campaign surrounding their two children Hermés, 8, and Helena, 5, after she lost her appeal in Manhattan Federal Court over their six-year long custody battle, which includes Rutherford's desire to take the kids out of France and bring them back to America.

"Daniel's goal is to continue to protect these children and shield them from any media exposure, which is against court order. We are taking Kelly's statements to the media very seriously," Hallin said in a statement obtained by E! News.

"Her statement that anyone who brings the parties' children back to the United States in violation of the custody orders would be considered an American hero, is not only false as this would be an illegal and criminal act, but it creates a very real and present risk for the children's safety."

He continues, "Kelly's statement that Daniel was deported from the US is false and should not be used to entice danger to the parties' children. Daniel has taken and will continue to take all necessary security measures to ensure that the children are not wrongfully removed from Europe and remain safe, healthy, happy and protected from any such threats to their safety and well-being."

"I feel empty," Rutherford said following the ruling. "Just because kids don't vote and pay taxes doesn't mean they don't have rights to be raised in their own country. It's a humanitarian issue. It's a constitutional issue."

The federal court dismissed Rutherford's case, saying, "The children have not been deported." They will "retain their United States citizenship, and once they reach the age of majority, they will be free to choose where to reside."

"It doesn't make sense. How did this even happen?" the Gossip Girl star asked. "At the end of the day, I'm a mother and a citizen of this country no matter what I do for a living. What I'm asking for is help."