Kelly Rutherford loses ability to fight for custody of two kids in California

Kelly Rutherford was dealt another blow when it came to her custody case after a judge ruled on July 23 that California does not have jurisdiction. This decision comes two weeks after the actress gave an emotional testimony in court in a six-year-long international battle for her two children with ex-husband Daniel Giersch.

"We are extremely disappointed," Kelly's attorney David J. Glass said in a statement. "This court set up the current situation whereby my client was forced to live 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 precluding the passage of time from creating new jurisdiction, that is exactly what has happened."

Kelly lost the ability to fight for custody of her children in California Photo: Getty Images

The ruling, made by Los Angeles Superior Court Judge Mark Juhas, says that the Gossip Girl alum doesn't have to give up her fight, but just that it can't be done in California. "The Court does not believe that it is obligated to relinquish jurisdiction to Monaco, only that it acknowledge that it no longer has jurisdiction over the children," the official court document read.

While this is another set back for the mom-of-two, she did receive some good news recently when it was ruled that her children Hermes, 8, and Helena, 6, would be able to spend the summer with her in New York. Kelly has stated that since 2012 she has traveled to Monaco to visit her children more than 70 times making the time spent 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 in 2010 when Kelly was four months pregnant with Helena, and she began divorce proceedings. Eventually a California judge ordered their two children to live with their father in Europe. Daniel was denied re-entry to the United States after his visa was revoked for unknown reasons, and she's been trying to get her children back ever since.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."

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