• Kelly Rutherford

Kelly Rutherford (Photo : Reuters)

"Gossip Girl" star Kelly Rutherford lost her lengthy custody battle in California on July 23, Thursday, when Los Angeles Superior Court Judge Mark Juhas ruled that the state has no jurisdiction over the actress' children with ex-hubby German businessman Daniel Giersch.

According to ABC News, the custody battle started in 2012 after another California judge ruled that year that Rutherford's kids must live with their father in Monaco after her ex-husband's visa was revoked and as for the "Gossip Girl" actress, she can fly out to visit her children in Europe. Since then, she claimed she's been traveling back and forth to Monaco more than 70 times.

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However, last May, the actress reportedly won the custody battle to bring back her children to the United States for this summer, according to Mirror. Nevertheless, with the judge's ruling, it appears her husband, Giersch, has now the right to bring the children back to Monaco.

As of now, the ex-couple's kids are in Rutherford's custody for summer vacation. Both Hermes and Helena, son and daughter of the actress, were seen on July 14 together with their mom at the Children's Museum of the Arts in New York City.

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.

While most people thinks the "Gossip Girl" star reached the end of the line for her custody battle, her attorney, Wendy Murphy, who is representing her in New York and not in California, believes otherwise. The lady lawyer is very positive that the actress' patience will eventually pay off.

Moreover, Atty. Murphy said in her interview with People that they were already expecting the ruling in California. The reason why they already filed a case in New York family court in the morning of July 23 is to "provoke California to issue a ruling" because they were waiting for the court's decision for around two weeks now.

Aside from expecting California's ruling, the lawyer said they also predicted the ground that the state's judge will use to decline the case. Nevertheless, after California declined jurisdiction, New York courts can finally handle the custody case. Instead of feeling disappointed, the legal team was pleased with the current developments.

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