"Gossip Girl" actress Kelly Rutherford is taking the fight for child custody to New York after a judge ruled Thursday that the California court has no jurisdiction over the case.
In a written statement, Judge Mark Juhas said that Rutherford, who is now living in New York, was not able to maintain sufficient ties for a jurisdictional residence to be established, Daily Mail has learned.
David J. Glass, Rutherford's lawyer, argued that his client was a California resident because of her banking and business ties in Los Angeles. However, the judge said they weren't enough to meet the threshold to retain jurisdiction over the case.
"We are extremely disappointed," Glass stated. "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."
Meanwhile, Wendy Murphy, Rutherford's attorney in New York, said that it was exactly what they wanted to happen. They already filed a case in NYC family court in an attempt to provoke California to issue a ruling.
"We are pleased that at long last this legal atrocity has been extricated from the grip of California's horrific family court system," she told People.
Rutherford sought to reverse the ruling in 2012, stating that her children could remain with their father, Daniel Giersch, who was forced to go back to Europe because his American visa was revoked.
The Hollywood star obtained a temporary custody order in May but was quickly stopped because a judge was also hearing the custody issues in Monaco.
Summer's over for her 8-year-old son, Hermes, and 6-year-old daughter, Helena, and they will now be returning to Monaco to live with their father.
Giersch's lawyers said that their client did not want to participate in any negative press releases directed at Rutherford. He would continue to promote his ex-wife's relationship with their children, according to AZ Central.
Rutherford married Giersch in 2006. She filed for a divorce in 2008.
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