Kelly Rutherford’s custody case has experienced a critical snag.

The Gossip Girl star has been fighting a legal battle since 2012, when Hermés, eight, and Helena, five, went to live with their father Daniel Giersch in Monaco.

Last Friday a California judge granted temporary custody of the children to Rutherford, ordering their swift return to Los Angeles.

However, according to the New York Daily News, another judge has halted last week’s order because the United States does not hold jurisdiction over the case.

TMZ reports Monaco has full command over what happens with the children.

“Giersch's attorneys argued that Rutherford's legal team tried to pull a fast one by filing for custody in California on the Friday before the Memorial Day holiday [on Monday May 25] ... when they knew Monaco already had the authority to rule,” the website writes.

TMZ claims the legal snag will be sorted out over the phone between the judge in California and the magistrate in Monaco during a conference they’ve scheduled with one another, which takes place on June 11.

Kelly has literally gone bankrupt over this litigious drama, as she was granted insolvency in 2013.

Back in 2012, a California judge ruled that Hermés and Helena should live with their father, as his US visa had been revoked due to allegations regarding his company. The decision was made even though he and Kelly shared joint custody.
The 46-year-old filed for divorce from the businessman towards the end of 2008, when she was pregnant with Helena.

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