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Kelly Rutherford Hits Red Carpet With Kids Amid Custody Fight

Photograph by Getty Images

Kelly Rutherford enjoyed some time on the red carpet with children Hermes, 8, and Helena, 6, this weekend amid custody woes with ex-husband Daniel Giersch.

While the "Gossip Girl" actress has been in and out of court lately, she took time out to visit the Ovarian Cancer Research Fund's Super Saturday event in Water Mill, N.Y.

In the latest setback for the 46-year-old mother of two, both California and New York state courts last week denied taking on custody cases between her and Giersch, who currently lives with their kids in Monaco.

The custody fight between Rutherford and Giersch began in 2012, three years after Rutherford filed for divorce from the German businessman, according to People magazine.

Because Giersch's American visa had been revoked, a California judge determined that the two children would live with their father temporarily because Rutherford's schedule allowed her to travel between the countries more easily, the magazine reports.

"They were sent there by California temporarily to accommodate Daniel's visa issue, and now California won't bring them home," Rutherford told People.

"Neither California or N.Y.C. are taking jurisdiction. So who in the U.S. has jurisdiction of my American-born U.S.-citizen children?" Rutherford continued.

Giersch's lawyer, Fahi Takesh Hallin, has since filed documents that say a Monaco court has jurisdiction over the two kids, according to the Associated Press.

Giersch, who has reportedly not applied for a new visa, is not commenting on the proceedings.

In the meantime, Hermes and Helena have been able to visit their mother in New York during the summer, because she was granted temporary sole custody in May, according to Us Weekly. However, that is only in effect while the custody proceedings continue.

"This new jurisdiction vacuum leaves the children with only their American constitutional citizenship rights to protect them from forced exile, and as rights go, there's nothing stronger than citizenship, so we are optimistic," she said.

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