Gossip Girl’s Kelly Rutherford loses custody of children again

We’re absolutely devastated for Kelly Rutherford AKA Lily Humphrey from Gossip Girl right now.

The 46-year-old actress - who has been fighting for her children since 2012 -has lost her latest attempt for custody of her two A Midsummer Night’s Dream-named children Hermes, eight, and Helena, six.

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A judge ruled today that the California court has no jurisdiction over her children, which simply means that they have to stay in Monaco with their father Daniel Giersch, while Kelly lives in the States.

Judge Mark Juhas wrote in his decision that as Rutherford is now living in New York, and not California, she “does not maintain sufficient ties to establish jurisdictional residence”

The judge added: “The Court does not believe that it is obligated to relinquish jurisdiction to Monaco.”

In terms us non-lawyers can understand, this basically means the Calfornia court can’t handle the custody battle, but the New York court MIGHT be able to. Fingers crossed!

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Kelly’s lawyer David Glass has explained how “disappointed” the actress is, having been forced by the courts to live in New York, and now being punished for it, as well as the fact that her children are losing their connections to California, where they grew up.

In a statement to the New York Daily News, he said: “We are extremely disappointed. 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.”

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Kelly married David in 2006, while pregnant with Hermes, and she filed for divorce in 2008, while pregnant with Helena.

They were originally granted joint custody of their children after the split, but in 2012, David was forced to return to Europe after his American visa was revoked.

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

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Kelly was granted temporary sole custody of Hermes and Helena in May, but this ruling was halted, and the children were forced to stay in Monaco, although a judge allowed them to spend the summer with their mum.

However, thanks to this new ruling, Kelly now has to return the kids to David next week.

If that wasn’t bad enough, Kelly filed for bankruptcy in 2013, claiming $2million in debt, having spent $1.5million on legal fees, and travelling to see her children.

What’s going on in the world when a mum can’t see her children? We hope this all gets sorted ASAP, because it’s been going on FAR too long…