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Kelly Rutherford Will Be Forced To Hand Over Her Kids Soon, Isn't Sure If She'll Ever See Them Again

Filed under: Sad SadFamilyCeleb KidzKelly Rutherford

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The pain Kelly Rutherford is under must be excruciating.

On Thursday, Kelly will return her two children, Hermes and Helena, to Monaco where they'll indefinitely reside with their father, Daniel Girsch. The actress had custody of her kids for the summer, a huge victory for the mom who has been battling Daniel over custody for YEARS.

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

Now that the return date is tomorrow, Rutherford is understandably experiencing a lot of pain. A source revealed:

"Kelly is beside herself. Kelly truly doesn't know with certainty when she can ever see them [the children] again, as the Principality of Monaco will soon be considering her ex's petition to obtain sole custody."

So so sad. What doesn't make sense to us it that the kiddos are U.S. citizens — what happened to their rights?!

Unfortunately, both California and New York courts refuse to hear the custody case because it's out of their jurisdiction. Sigh. At least the trio had fun in NYC while it lasted. Check out a bittersweet snap (below):

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Kelly Rutherford Is All Smiles Amidst Custody Battle As She Hits The Red Carpet With Her Kids

kelly rutherford hits red carpet with kids

Kelly Rutherford's glowing!

The Gossip Girl star hit the red carpet at the Ovarian Cancer Research Fund's 18th annual Super Saturday event in Water Mill, NY with her children Hermes and Helena this weekend. Despite the ongoing custody battle with her ex-husband Daniel Giersch, the trio were the picture of a happy family!

LOVES it!

[ Related: Kelly May Have Lost The Court Battle In Her Custody Case ]

The blonde beauty and her mini-mes were all smiles as they were spotted in all white, making funny faces, and throwing up peace signs at the event. AH-Mazing!

Unfortunately, earlier in July a judge ruled that the actress was unable to continue to fight for custody of her children in California — as the original court ruling was in Monaco where Daniel lives.

Nonetheless, the 46-year-old received temporary sole custody for the summer — and it seems she's making the most of her time with her little ones. We're impressed with optimistic spirit!

We're so thrilled to see Kelly so happy after so much hardship. In fact, we have our fingers crossed that everything works out for her sooner than later.

What do U think of the family's red carpet appearance?!

SOUND OFF in the comments (below)!

[Image via Michael Carpenter/WENN.]

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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!

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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:

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Kelly Rutherford Has Lost The Custody Battle For Her Kids!

A Monaco judge gave Kelly's husband custody!

Kelly Rutherford's kids may be spending the summer stateside with her, but it looks like after their fun in the sun is over — it's back to live with Dad for good!

It's reported that a Monaco judge has granted the actress' ex-husband, Daniel Giersch, custody of their two kids, Hermes and Helena.

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

The court official said the Gossip Girl star had no legal right to fight for her children in California.

So, it seems like once Kelly's temporary custody is up, Hermes and Helena will have to return to Europe to live with their father.

The 46-year-old has been putting up a fight for a few years now, but unfortunately for her things just haven't been going her way.

[Image via AEDT/WENN.]

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Such Amazing News! Kelly Rutherford's Kids Will Spend The Summer In The United States!

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Kelly Rutherford must be over the moon right about now!!

After a long and contentious custody battle over Rutherford's two kids, Helena and Hermes, the actress FINALLY got some good news — the children will spend the summer in the United States!

[ Related: Gossip Girl Star's Custody Battle Takes Another Major Turn — See What Kelly's Ex Says HERE! ]

Woot! We couldn't be happier for this more than deserving momma!

When we first heard that the kids WOULDN'T be coming back earlier this month, we were very disappointed. It's nice to know that the judge in Monaco, where the kiddos currently reside with their father, Daniel Giersch, did the right thing.

Kelly gushed:

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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!

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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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Kelly Rutherford's Custody Win Was Quickly Halted By A Different Judge — Find Out Why Her Kids Aren't Returning To The U.S. Anytime Soon HERE!

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How sad!

Gossip Girl star Kelly Rutherford's reunion with her children isn't happening anytime soon.

Although the actress won in her child custody battle with her ex-husband Daniel Giersch, a judge in Los Angeles undid the ruling a different California judge had granted her — which means her 8-year-old son and 6-year-old daughter are staying in Monaco with their dad for the time being.

[ Related: Here's What Kelly's Ex Has To Say About The Custody Battle ]

Apparently the LA judge that undid the ruling is saying the other magistrate was unaware that Monaco has jurisdiction in the child custody case.

Daniel's attorneys are also arguing that Kelly's team already knew Monaco had the last say in the battle, but the 46-year-old's legal team filed for custody in California anyway, right before the Memorial Day holiday.

Yikes.

Now, the judge that granted Kelly custody in California and the judge presiding over the case in Monaco are scheduled to have a conference call scheduled on June 11.

[Image via Pacific Coast News.]

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