There's more devastating news for actress Kelly Rutherford regarding her custody fight over her two children with ex-husband Daniel Giersch. People reported that a New York Court has claimed no jurisdiction in her case, which means the court will not get involved.
Unfortunately, this news comes after the California court also washed its hands of the case and denied jurisdiction.
"Neither California or NYC are taking jurisdiction. So who in the U.S. has jurisdiction of my America-born U.S. citizen children?" the 46-year-old actress told People. "They were sent there by California temporarily to accommodate Daniel's visa issue, and now California won't bring them home."
"It's just incredible as an American mom with America-born children," she added. "My forefathers fought for this country and the freedoms we enjoy."
Rutherford and her German ex tied the knot in 2007, but filed for divorced in 2009. The two have been in a six-year custody battle after a court ruled in 2012 that the couple's children—daughter Helena, 6, and son Hermes, 8—should live in Monaco with their father. Their summers are spent in New York City with their mother.
The actress has referred to the case as a "legal kidnapping," and added that her ex-husband never reapplied for a visa in order to return to the United States. On Friday, a judge issued a ruling that New York does not have any authority over the actress' custody case.
"New York said it had no jurisdiction because California had jurisdiction, which is silly, but it is what it is," Rutherford's attorney, Wendy Murphy, told People. "This new jurisdiction vacuum leaves the children with only their American constitutional citizenship rights to protect them from forced exile, and as rights go, there's nothing stronger than citizenship, so we are optimistic."
According to Us Weekly, the actress is exploring her legal options, despite the denial in both states. Rutherford has reportedly met with presidential hopeful Hillary Clinton, and reached out to Secretary of State John Kerry for her help with her case.
Over the weekend, Rutherford and her children attend an Ovarian Cancer Research Fund event in New York.
