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Gossip Girl Star Kelly Rutherford's Custody Battle Hits Yet ANOTHER Snag — At Least The Actress Has The Support Of Her New Man!

| Filed under: Legal MattersFamilyKelly Rutherford

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Kelly Rutherford can't catch a break.

Just a few weeks after Kelly was awarded temporary sole custody of her two kids, Hermes and Helena, the actress unfortunately learned her children will not return to El Lay as planned.

[ Related: Kim Kardashian Joins Gossip Girl Star Kelly's Fight To Get Her Kids Back! ]

Essentially, the presiding judge in the actress' case wasn't sure if he had jurisdiction over the hearing and after he conferred with a judge in Monaco, where the children currently reside with their father, Daniel Giersch, he chose to postpone the court date until July 9.

The problem for Rutherford is that Daniel has a court date in Monaco on June 22 which could award him full custody of the kiddies, an outcome the momma desperately doesn't want.

Kel's attorney elaborated on the disappointment, saying:

"Ultimately this case is about the passage of time, and whether the fact that two American children lived abroad – under force of court order – for more than two years somehow transformed a temporary parental visit with their father into mandatory forced residency in a foreign nation. The obvious answer is, no.

Indeed, the passage of time can only facilitate the children's prompt return to this country because no court ever has authority to cause an American citizen child to be forced into exile from their own country."

The attorney brings up a lot of valid points — we too are confused as to how joint custody turned into forced sole custody seemingly overnight!

The legal maven added:

"It is disturbing that judges from two nations lack appreciation for the simplicity of this constitutional reality because involuntary expatriation was rendered unconstitutional by the Supreme Court decades ago, and for good reason. There is nothing more fundamental than the right to reside in one's own country, especially this country – because the precious rights of American citizenship have no value on foreign soil."

Hmm, it sounds like Kelly's attorney has the case on lock — it's clear she's in good hands!

The only good news in this situation is that the Gossip Girl star has found comfort in her new boyfriend, Tony Brand, who she was seen kissing and snuggling with all over NYC earlier this week.

Well, there's no harm in finding a little love and comfort during a difficult time!

So, do YOU think Kelly will get her kids back?

[Image via Instagram.]

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