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Kelly Rutherford's Last Minute Attempt To Get Her Children Back Shut Down By Judge, But The Fight Is Far From Over!

| Filed under: Legal MattersGossip GirlCeleb KidzBreakupsKelly Rutherford

kelly rutherford lawsuit denied

This is just so sad.

As we previously reported, last week a NYC judge ordered the Kelly Rutherford to send her children back to Monaco to their father Daniel Giersch.

However, the Gossip Girl star wasn't going to let her children go without a fight. Reportedly, the 46-year-old filed a federal lawsuit just an hour after the decision was announced in order to try to regain custody of her children from her ex-husband.

Unfortunately, a judge denied her suit the very same day.

[ Related: Kelly Addresses 'Kidnapping' Allegations! ]

Miz Rutherford's lawyer shared:

"The federal court's decision was obviously incorrect, and we are appealing."

How tragic.

The feuding exes have been battling over custody of the children since 2008 when the former soap opera actress was still pregnant with her youngest, Helena.

In fact, Giersch has had custody of Kelly's mini-mes since 2012 when a judge ruled that it was in the children's "best" interest if they remained with their father as he was not allowed to enter the U.S. That doesn't seem right… hmm, very inneresting.

We can't even imagine what it's like to be separated from your children. Our hearts go out to Kelly during this difficult time.

Nonetheless, it'll be inneresting to see how this all plays out in court in Monaco this September for the two parents' custody battle. We hope for the children's sake there will be a peaceful resolution sooner than later.

Fingers crossed.

[Image via Rob Rich/WENN.]

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