Washington, Aug 14 : Kelly Rutherford 'freaked and burst into tears' in court, as a judge refused to take action on her plea of having her children's custody.

After a judge had reportedly illicitly awarded custody of her 2 kids to France residing former husband, Daniel Giersch, the 45-year-old actress had requested another judge to look into the case, TMZ. com reported.

But when the federal judge said that he didn't have authority to undo the decision, Rutherford wailed saying that even though she's a taxpayer, her "country won't save her children ."

However, the judge did leave hope, saying he would arrange for a conference call between him, Rutherford and Giersch's lawyer, so that they could find a way for Giersch to live in US. (ANI)