Kelly Rutherford has lost her bid to fight for custody of her children in the state of California as of Thursday.
Rutherford’s attorney David J. Glass told Us Weekly that the Gossip Girl actress no longer has the right to fight for custody of Hermes, 8, and Helena, 6, in California.
"We are extremely disappointed with the Ruling," Glass said. "Although the Court agreed with our analysis of the law, and in fact agreed with our position that citizens can have more than residence for jurisdictional purposes, the Court ultimately did not agree with us on the facts."
Daniel Giersch, Rutherford’s ex husband, was granted full custody of their children in Monaco, where he lives.
Rutherford filed for divorce back in 2009, while she was pregnant with Helena, and has been fighting over custody since. Back in 2013, the actress filed for bankruptcy, claiming $1.5 million in legal and travel fees to see her children, as well as $2 million in debt.
For the remainder of the Summer, Rutherford’s children have been spending time with her in New York City.
"Exactly what we wanted to happen has happened today in California,” Wendy Murphy, Rutherford’s New York attorney, told People. “We filed a case in New York family court this morning, to provoke California to issue a ruling that we had been waiting for for almost two weeks. As predicted, the judge declined jurisdiction, which opens the door to New York courts finally having an opportunity to do the right thing. We are pleased that at long last this legal atrocity has been extricated from the grip of California's horrific family court system.”
Image courtesy of Elder Ordonez/INFphoto.com