A judge ruled Thursday that California does not have jurisdiction over her custody case, meaning the 46-year-old former Gossip Girl actress can no longer fight for the custody of her two children -- Hermes, 8, and Helena, 6 -- in the state.
"We are extremely disappointed with the ruling," Rutherford's lawyer, David J. Glass, tells ET in a statement. "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 slowly lose their connections to California from what was supposed to a 'temporary move,' and despite the judgment’s language precluding the passage of time from creating new jurisdiction, that is exactly what has happened."
In June, a judge at Monaco's Palais de Justice ordered that the children live with Rutherford for the summer, although the kids reside in Monaco with their father. The actress has been traveling back and forth in order to see her kids for six years, and has been battling to have them live with her in America even since a California judge sent their kids to live with Giersch in France in 2012, since his U.S. visa had been revoked, barring him from the U.S.
Since her children joined her in the States, Rutherford has been spending quality time with them in New York City, for example, taking them to the Metropolitan Museum of Art last week.
After their time in the U.S. for the summer, Helena and Hermes will be required to rejoin the father in Monaco.