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Kelly Rutherford May Have Lost The Court Battle In Her Child Custody Case, But That Was Exactly What She Wanted All Along!

| Filed under: Legal MattersGossip GirlFamilyCeleb KidzInstagramKelly Rutherford

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Gossip Girl star Kelly Rutherford may have lost the battle — but she didn't lose the war!

The actress is fighting over custody of her 8-year-old son Hermes and 6-year-old daughter Helena with ex Daniel Giersch, and on Thursday — after losing one battle regarding her kids going back to Europe after the summer — she lost another important judicial ruling.

[ Related: Kelly's Ex Speaks Out About The Custody Battle! ]

A judge in El Lay ruled that the actress' case doesn't have jurisdiction in California any more, which may seem like a bad thing — but according to Rutherford's lawyers, it was the plan all along.

Attorney Wendy Murphy spoke to reporters about the ruling and the plan moving forward:

"Exactly what we wanted to happen has happened today in California. 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. 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."

It remains to be seen if New York courts will do their job with Rutherford — a federal judge there denied her custody request back in April — but at least Murphy is optimistic about it:

"Hopefully today's developments will be the beginning of the end of the children's forced exile – once and for all."

Rutherford herself posted immediately on Instagram after the court's decision Thursday:

❤️

A photo posted by @kellyrutherford on Jul 23, 2015 at 12:11pm PDT

Whatever the case may be, let's hope the best happens for Rutherford and her children — and after an already six-year long battle, let's hope it happens soon enough!

[Image via Kelly Rutherford/Instagram.]

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