Kelly Rutherford Defeated Again, Loses Custody Opportunity In California For Her Children

Sad news has come actress Kelly Rutherford’s way. According to People Magazine, Rutherford has lost her chance to fight for custody of her two small children in California. A Los Angeles judge has ruled that California has no jurisdiction on the case despite her two children being American citizens.

Although the actress can’t fight for her children in the States, this doesn’t mean she’s knocked down for good. Currently Hermes, 8, and Helena, 6, are spending the summer with Kelly, but during the school year, they live in Monaco with their father, Daniel Giersch, who is a German businessman.

Giersch’s American visa was revoked because of illegal activities. As a result, a court decided that the children should live in Monaco with him. Rutherford has spent thousands on 70 trips to Europe just to see her children and to spend time with them. She’s currently trying to gain permanent custody of the children, but it’s been a battle.

After today’s ruling, David J. Glass, Rutherford’s lawyer, said, “We are extremely disappointed. 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.”

Currently, Rutherford lives the majority of the time in New York and goes to California periodically. As stated, Kelly has been given temporary custody of the children for the summer. At the time, she gave a powerful statement to People Magazine.

“I am pleased with the outcome and that the children will be coming to the US for a part of their summer vacation. I am assured by the Monaco process and the judge. Although I still maintain my legal objections about Monaco hearing the case, my serenity is restored.”

Rutherford celebrated being granted temporary custody while on The View.

The Gossip Girl star said, “Helena learned to ride her bike in the park yesterday, so it was really exciting. It’s incredible, it’s emotional. We’re all a little jet-lagged — but happy.”

She continued, “I think what people don’t understand is that this is a victory for me. Previously their father only let me see them 11 days his year in Europe.”

What do you think about this particular custody battle?

[Photo by Kris Connor / Getty Images]