Judge won’t intervene in Kelly Rutherford’s custody dispute

The Gossip Girl actress’ 8-year-old son, Hermes, and 6-year-old daughter, Helena, have been living with their father, Daniel Giersch, in Monaco for the past three years, and Rutherford has been fighting to bring them back to the States ever since.

Their legal wrangling came to a head after Kelly alleged Giersch would not allow her to see her children unless she gave their U.S. passports to “a neutral person”, someone she claimed was one of his attorneys.

Kelly Rutherford’s latest attempt for custody has failed, after a judge ruled on Thursday that the California court has no jurisdiction over her children.

Since her children joined her in the States, Rutherford has been spending quality time with them in New York City, for example, taking them to the Metropolitan Museum of Art last week.

“We are extremely disappointed”.

Judge Mark Juhas wrote in his decision that as Rutherford is now living in New York, and not California, she “does not maintain sufficient ties to establish jurisdictional residence”.

“We are ecstatic, and hopeful that Monaco will respect the California court’s ruling and send the children home”.

“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”, Glass said.

In June, a judge at Monaco’s Palais de Justice ordered that the children live with Rutherford for the summer, although the kids reside in Monaco with their father.

In exclusive comments to the Daily News earlier this month, Rutherford said she found the whole battle over jurisdiction “bizarre”. Now, there is no court in the U.S. that has jurisdiction, Abrams said.

“We went into the court (in May) because (Giersch) refused to let me see the children when I went over there”.

The actress has been told by a judge that she has no recourse for a custody lawsuit in California.

It’s no secret the actress lived in New York at least eight months out of every year when she was under contract with “Gossip Girl” between 2007 and 2012, she said. Glass, argued that the “Melrose Place” star remained a California resident because she maintained business and banking ties in Los Angeles.