Kelly Rutherford tells us she is “grateful for the outpouring of support” as she continues to battle for custody of her kids after losing her appeal to prevent them from living in France with their father, her ex-husband Daniel Giersch. The “Gossip Girl” star was devastated last week when an LA judge upheld a decision that Rutherford’s kids, Hermes, 5, and Helena, 3, would live in France with German businessman Giersch. Reached on her cellphone yesterday, Rutherford said she appreciated the support of her castmates, including Matthew Settle, who tweeted saying it was unfair. But she said she was upset by photos released of her reuniting with her children in France, and accused Giersch of tipping off photographers. She said, “I am so grateful for the support of my fellow cast members and the legal community for wanting children who’ve been growing up in New York to live in New York. My kids’ privacy is really important — and I just hope, for their sake, people will stop publishing those staged photos.”