Rutherford ‘reeling over fate of her children’
Kelly Rutherford is said to be losing her mind over the possibility of never seeing the children she shares with ex-husband Daniel Giersch again.
The Gossip Girl actress has been in a custody battle for several years with her ex-husband Daniel Giersch over their two children, son Hermés, eight, and daughter Helena, six.
A judge in Monaco, where Daniel has been living with the kids since 2012, ruled Kelly was able to spend the summer with her tots.
But a source tells E! News she “is beside herself” currently, because as the season nears its end, her parental fortune remains unclear.
"Kelly truly doesn't know with certainty when she can ever see them [the children] again, as the Principality of Monaco will soon be considering her ex's petition to obtain sole custody,” the insider explained.
Monaco has full jurisdiction over the fate of the custody battle at the moment, as Kelly has faced two very large recent setbacks in US court.
In July, a California judge ruled the state had no jurisdiction over the case and a week later another magistrate in New York state came to the same conclusion.
Since there is no American court presiding over the matter at this time, Kelly feels as if she’s hit a brick wall in the battle for her children.
“Neither California or N.Y.C. are taking jurisdiction. So who in the U.S. has jurisdiction of my America-born U.S. citizen children?" she asked People magazine.
Kelly’s lawyer Wendy Murphy is incredulous over the decisions, as the attorney believes her client is not finding any justice in her home country over the matter.
"New York said it had no jurisdiction because, it said, California had jurisdiction - which is silly - but it is what it is,” the lawyer told E! recently.
"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."
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