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Kelly Rutherford taking custody battle to New York

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.

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Kelly and the kids also posed for photos with new mom Hilaria Baldwin and her daughter Carmen.

She took the battle to New York, where she is now based, but on Friday, a judge there refused to take up the case due to a lack of authority, too.

Kelly Rutherford will have to continue her fight for custody of her children overseas since a California judge ruled the state no longer has jurisdiction over her case. In a previous order, the judge gave the actress temporary custody to bring her children to California.

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”. She and ex-husband Daniel Giersch were married in California and got divorced in Los Angeles, but their children have lived in Monaco since 2013.

Juhas heard testimony earlier this month from both Rutherford and Giersch.

The Gossip Girl star hit the red carpet at the Ovarian Cancer Research Fund’s 18th annual Super Saturday event in Water Mill, New York with her children Hermes and Helena this weekend. “As predicted, the judge declined jurisdiction, which opens the door to New York courts finally having an opportunity to do the right thing”.

“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. Likewise, the court created the situation whereby the children would lose their connections to California, and despite the Judgment’s language precluding the passage of time from creating new jurisdiction, that is exactly what has happened”.

Rutherford asked for sole custody of the children as Giersch is unable to travel to America, but a California judge ruled that the children could live with him in France.

According to Murphy, they were delighted that, at last, the case was removed from the “grip of California’s horrific family court system”.

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Rutherford’s attorneys said she has worked in New York and California, but that she additionally has business ties here, receives her medical care in California and visits her family and friends in the Southland.

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