why did judge award custody of Kelly Rutherford's kids to her ex husband?'?

This is what i got from it and if it is the reasoning it is asinine.

(the husband was deported from the US for visa fraud and not able to re-enter the US. The judge said since he is not aloud to come back to US she is awarding custody to him because he would not be able to see them again. That since Kelly is able to travel anywhere she can see them whenever she wants. )

So the judge is saying that it doesnt matter that he broke the law he should be able to see his kids and since he cant come to America she's giving custody to him and making her send the kids to live with him?

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