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Rutherford’s custody case denied by NY court

Published 27/07/2015

Kelly Rutherford
Kelly Rutherford

Kelly Rutherford’s custody battle has hit further problems after a New York court ruled it did not have authority over the case.

The former Gossip Girl actress has two children with ex-husband Daniel Giersch, who she divorced in 2009. The children have been living in Monaco with their father since his visa was revoked in 2012. Last week a judge in California ruled that the state no longer had jurisdiction over the case as both Kelly nor the children continue to have any ties there. On Monday the 46-year-old confirmed she had been dealt a further blow when a New York court came to the same conclusion.

“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. "They were sent there by California temporarily to accommodate Daniel's visa issue, and now California won't bring them home."

The former couple were granted joint custody of their eight-year-old son Hermès, and daughter Helena, six. While the pair are currently spending the summer holidays with their mother in America, the tots are primarily under the care of their German-born father across the Atlantic.

Kelly has argued that the plan laid out by the Californian judge at the time in 2012 was supposed to be temporary, and has been fighting to have her tykes brought back to the US ever since.

“It's just incredible as an American mum with America-born children," she added. "My forefathers fought for this country and the freedoms we enjoy."

The star has met with presidential hopeful Hillary Clinton as well as reaching out to Secretary of State John Kerry and asking the State Department for help but "to no avail". She described the situation to the outlet as a "legal kidnapping."

© Cover Media

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