Kelly Rutherford is still fighting for her kids.
On Thursday, an LA Superior Court Judge ruled the state of California has no jurisdiction over the 46-year-old actress' custody case, even though another judge from the Golden State previously ruled Kelly's two children, Hermes, 8, and Helena, 6, should live with their father in Monaco.
Though the ruling was a seemingly tough blow to the Gossip Girl star's six-year custody battle to bring her kids back to the US, Kelly's lawyer assured the court's latest move was "exactly" what they wanted to happen.
Kelly with Helena and Hermes on July 13, 2015.
"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 almost two weeks. As predicted, the judge declined jurisdiction, which opens the door to New York courts finally having an opportunity to do the right thing. We are pleased that at long last this legal atrocity has been extricated from the grip of California's horrific family court system," attorney Wendy Murphy said in a statement to People.
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"Now we hope and expect the New York courts, and Secretary of State John Kerry's office will protect the children from further harm and ensure that they are able to reside in their own country, where they belong," Murphy added in her statement to the magazine.
Kelly with her ex-husband Daniel in January 2006.
Last month, a judge ordered Helena and Hermes were to spend the summer with their mother in NYC. Following their visit, the children will return to Monaco where they are currently living full-time with their father, Daniel Giersch, 41.
When Kelly previously filed for divorce from Daniel in 2008, the couple agreed on joint legal and physical custody of their kids. However, when the star's ex was later deported from the US for his alleged involvement in fraudulent business practices, a court ruled the children should reside in Europe with their dad because Daniel was no longer able to travel to America to visit them.
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