Kelly Rutherford's Custody Battle: New York Court Denies Custody Case, Judge Rules There's No Jurisdiction

Actress Kelly Rutherford’s six-year battle to gain custody of her two children has no end in sight with the recent ruling from a New York court that claimed no jurisdiction in the case. Rutherford told People Monday a judge issued a ruling Friday that New York does not have any authority over the actress’ custody case. The ruling came just a day after the California court also denied jurisdiction.

"They were sent there by California temporarily to accommodate Daniel's visa issue, and now California won't bring them home,” Rutherford said, adding she has no idea where to turn.

The "Gossip Girl" star married Daniel Giersch in 2007, but filed for divorced in 2009. The former couple shared joint custody of their two children, Hermes and Helena, who spend most of the year with their father in Monaco and their summers in New York City with their mother.

Giersch’s visa was revoked and in 2012, a California family court judge ruled that the children should stay with their father, with Rutherford flying out for visits. Since then, she has been fighting to keep her children in the U.S., arguing the arrangement was supposedly temporary to allow her ex-husband time to secure a visa. The actress also pointed out Giersch never reapplied for a visa.

Rutherford said she has approached several politicians and officials such as Hillary Clinton and Secretary of State John Kerry to intervene. Rutherford admits to finding the situation incredible, especially for an “American mom with America-born children.”

Wendy Murphy, Rutherford’s New York attorney, remains optimistic, E!News reported. Murphy called the New York ruling “silly” and said she was not too concerned about the fate of Rutherford’s children, given that both are American citizens.

"This new jurisdiction vacuum leaves the children with only their American constitutional citizenship rights to protect them from forced exile, and as rights go, there's nothing stronger than citizenship so we are optimistic,” Murphy said.

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