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Kelly Rutherford loses bid to fight for custody in New York

Rutherford said she lived most of the time in New York so that she could have shorter, less expensive flights to Monaco to visit her children.

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Kelly Rutherford took son Hermes and daughter Helena out for dinner in New York City on Thursday, hours after her latest attempt to win custody of them failed.

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. “Despite promising these children that their absence from the U.S. would not be used to change jurisdiction, [the court] has now done just that”.

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”.

The former Gossip Girl star has been locked in a six-year court battle with Giersch over the custody of Helena, six, and Hermes, eight, which began when their father’s US visa was revoked and a Los Angeles judge allowed him to take the children to Monaco to live with him temporarily in 2012.

The judgment had called for shared custody, but Giersch repeatedly blocked the kids from visiting Rutherford in the States.

“New York said it had no jurisdiction because California had jurisdiction – which is silly – but it is what it is”, Murphy said.

“We filed a case in New York family court this morning, to provoke California to issue a ruling that we had been waiting for for nearly two weeks”.

“The court realizes that (Rutherford) may be in a hard place, but California does not have jurisdiction”, Juhas wrote. Glass, said in a statement he and his client are “extremely disappointed” with the court’s decision.

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

According to Murphy, they were delighted that, at last, the case was removed from the “grip of California’s horrific family court system”. “By contrast, higher-level courts enforce real rights, so we are hopeful because we can focus exclusively on the children’s absolute rights as citizens to reside in their own country”.

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Rutherford said she lives mostly in New York because it makes for a shorter and less expensive flight to Europe.

Tense Kelly Rutherford was seen out in New York City on Thursday with son Hermes eight and daughter Helena six hours after a judge ruled that the California court has no jurisdiction over the children