Actress Kelly Rutherford cries while testifying at custody hearing

Rutherford and her ex-husband, Daniel Giersch, are engaged in a custody battle, with Rutherford seeking the return of her children to the U.S.

Actress Kelly Rutherford arrives at a Los Angeles Courthouse on Thursday, July 9, 2015.

Rutherford’s attorneys maintain a person can have two legal residences and that Rutherford has business ties here, receives her medical care in California and visits her family and friends in the Southland.

Instead, “I’m now having to prove that I live in a state that none of us were even living in when this (2012) order was made”, Rutherford, 46, said. And now that she has them back, she doesn’t ever want to let them go. “So how is it now that California may not have jurisdiction?” she asked.

The actress said she would like to spend more time in Los Angeles, where her parents live, but traveling to Europe and her finances made that impossible.

“We can’t have a conversation”, Juhas said.

Rutherford admitted under oath Thursday that she’s lived primarily in New York the last three years, but it’s largely because it’s easier to travel to Monaco for her visitation each month if she’s on the east coast.

Rutherford joked and remained composed throughout most of the hearing, but she broke down in tears as she described how she has gradually seen her children less because they are living in Monaco with their father and she can’t afford frequent trips overseas.

Rutherford also has accused her ex-husband of trying to have a Monaco court change the kids’ citizenship.

The judge has yet to issue a ruling over jurisdiction.

At one point Juhas said he was concerned about Hallin’s line of questioning given that it focused so much on New York and not on California.

Rutherford filed for bankruptcy in May 2013 and said Thursday she is still trying to recover financially.

Los Angeles Superior Court Judge Mark Juhas told attorneys he will issue a ruling as soon as possible, but called it a “hard case”.

It was last May that Juhas granted Rutherford emergency custody based on her claim that Giersch blocked her access to the kids.

Rutherford’s lawyer said Friday that if Juhas decides to maintain control of the case, the actress will act quickly.

The former Gossip Girl star has spent the past three years flying back and forth between New York and Monaco to see her two children, Helena, six, and Hermes, eight, after a California judge allowed her ex, Daniel Giersch, to take them to temporarily live with him in France in 2012, when his US visa was revoked.

On Thursday and Friday the actress was supported in court by new boyfriend assistant manager for Gucci, Tony Brand.

“Hopefully it’s not too big of an impact”. “That part has been incredible, hope I don’t have to spend the whole summer in court, hope I can just be with them”.