The former married couple Kelly Rutherford and Daniel Giersch are in the headlines once again as their long custody battle is far from over.

Rutherford and ex-husband Giersch's children, Hermes, age 8 and Helena, age 5 are both currently situated with their father Giersch in France as Rutherford previously lost her appeal to the Manhattan Federal Court.

"I feel empty," Rutherford said in a statement after being ruled against her appeal to bring her kids to the United States. "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," she added.

"It doesn't make sense. How did this even happen?" the actress previously said adding, "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."

After her statement, Giersch spoke up through his lawyer Fahi Takesh Hallin stating that it is because of the possible media exposure that hinders their party to agree on Rutherford's terms.

"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.

"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," the statement continued.

Hallin also discredited Rutherford's previous claims regarding her ex-husband. "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."

There are not any further comments from the party of Rutherford after the latest statement from her ex-husband. The two have been in a custody battle for six years.