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Kelly Rutherford was dealtanother blow when it came to her custody case after a judge ruled on July 23that California does not have jurisdiction. This decision comes two weeks afterthe actress gave an emotional testimony in court in a six-year-long international battle for hertwo children with ex-husband Daniel Giersch.
"We are extremelydisappointed," Kelly's attorney David J. Glass said in a statement."This court set up the current situation whereby my client was forced tolive bi-coastally, but now, the court appears to be holding it against her.Likewise, the court created the situation whereby the children would lose their connections to California, and despite the Judgment’s language precludingthe passage of time from creating new jurisdiction, that is exactly what hashappened."
Kelly lost the ability to fight for custody of her children in California Photo: Getty Images
The ruling, made by LosAngeles Superior Court Judge Mark Juhas, says that the Gossip Girl alum doesn't haveto give up her fight, but just that it can't be done in California. "TheCourt does not believe that it is obligated to relinquish jurisdiction toMonaco, only that it acknowledge that it no longer has jurisdiction over thechildren," the official court document read.
While this is another setback for the mom-of-two, she did receive some good news recently when it wasruled that her children Hermes, 8, andHelena, 6, would be able to spend the summer with her in New York. Kelly has stated that since 2012 she hastraveled to Monaco to visit her children more than 70 times making the timespent in the United States with her kids that much more special.
The mom-of-two has been making the most of her time with her children this summer Photo: Instagram/@kellyrutherford
The ongoing battle began in2010 when Kelly was four months pregnant with Helena, and she began divorceproceedings. Eventually a California judge ordered their two children to livewith their father in Europe. Daniel was denied re-entry to the United Statesafter his visa was revoked for unknown reasons, and she's been trying to get herchildren back ever since.
To help her through the rough times, Kelly relies on a strong support system. "I have family and friends that support me," she told HELLO! in April. "I want to keep a positive attitude around the kids and myself. I want to come through this healthy and strong and an advocate. That's what keeps me going."