Kelly Rutherford Walks Red Carpet With Her Adorable Kids!

A judge has ruled that “Gossip Girl” star Kelly Rutherford can’t fight her custody battle for her children in New York.

The 46-year-old Gossip Girl actress has been in a six-year legal battle with ex-husband Daniel Giersch over the care of their two children, son Hermés, eight, and daughter Helena, six.

Rutherford even posted several pictures on her Instagram account to prove how much she is treasuring their moments together like her kids painting and enjoying time at the Metropolitan Museum.

After a California judge awarded her ex-husband, Daniel Giersch, a victory, ruling that it has no jurisdiction over the case, it seemed like things were on the up and up because, as it turns out, Rutherford didn’t want to fight the case in California.

The actress has been shuttling back and forth from the U.S.to Monaco to see her children after a California judge sent them to live with their father in France in 2012, as his U.S. visa had been revoked.

The actress has met with U.S. presidential hopeful Hillary Clinton and contacted Secretary of State John Kerry and the State Department, but they have not provided the desperate mum with any help for what she claims is a “legal kidnapping”.

For the past 3 years, Hermes and Helena have lived in Monaco with their father, forcing Kelly to travel thousands of mile to visit them each month.

As of now, the ex-couple’s kids are in Rutherford’s custody for summer vacation. “We filed in New York to provoke California to issue a ruling and the judge reacted as we had hoped”.

“Kelly told California in 2013 that New York should have the case because nobody lived in California back then, but California refused and said it had jurisdiction”, Murphy said.

“California’s family court system has a particularly awful reputation when it comes to protecting children, so we are glad to be out of that state once and for all”, she says.

Rutherford was granted temporary sole custody of the children in May, but this ruling was halted.

Rutherford married Giersch in 2006 while pregnant with Hermes, and she filed for divorce in 2008 while pregnant with Helena. “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”.