'The long walk to justice!' Kelly Rutherford posts emotional picture as she faces second day in court in her custody fight to keep her children in the US

While she may have won the battle she is still a long way off from winning the war - and Kelly Rutherford knows it.

The 46-year-star faced court on Thursday and Friday in Los Angeles, California, and took the stand to argue why her two children should stay with her.

While the Gossip Girl actress won temporary custody of her two children - Helena, 6, and Hermes, 8 - in May and has since moved them back with her to New York, she now must fight to be able to keep them in America.

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Battling it out: Kelly Rutherford (pictured with her boyfriend Tony Brand) faced court on Thursday and Friday in Los Angeles, California, and took the stand to argue why her two children should stay with her

Battling it out: Kelly Rutherford (pictured with her boyfriend Tony Brand) faced court on Thursday and Friday in Los Angeles, California, and took the stand to argue why her two children should stay with her

The children have been living with the star's ex-husband Daniel Giersch in Monaco since 2012 where he moved with them after his American visa was revoked following the couple's divorce.

The pair have been locked in a bitter transatlantic custody battle since then.

Recognising this, Kelly posted a picture of herself walking down the hallway in the LA court with her friend Anthony Giovanni Deane.

The star captioned the haunting black and white image: 'The Long Slow Road To Justice LA Court thank you and I love you @last2therapy.'

Haunting: The star posted a picture of herself and supporter Anthony Giovanni Deane at the LA court which she captioned 'The Long Slow Road To Justice' 

Haunting: The star posted a picture of herself and supporter Anthony Giovanni Deane at the LA court which she captioned 'The Long Slow Road To Justice' 

The emotion of the image was nothing compared to that which Kelly showed in the court.

Taking to the stand Thursday, Kelly broke down in tears a number of times.

Ex files: Her children, Helena and Hermes, have been living with the star's ex-husband Daniel Giersch (pictured 2009) in Monaco

Ex files: Her children, Helena and Hermes, have been living with the star's ex-husband Daniel Giersch (pictured 2009) in Monaco

Kelly said, as reported by the New York Daily News, that at first she did her best to see her children every few weeks but as her finances dwindled - she eventually filed for bankruptcy - she was struggling to see her children regularly.

'In the beginning, it was every three weeks. Then it was when I could afford [tickets] or borrow money to go see them. I'm going to cry.'

Where she lives is part of her ex-husband's legal team battle as they argue she lives in New York rather than California, despite having properties on both coasts, so therefore the court case should not be heard in LA.

Giersch's lawyer Fahi Takesh Hallin argued that the fact she gets her medical treatments in New York and has two rabbits and cats in her Manhattan apartment proves that is her home base - Kelly argues it only is as its closer to fly to the children.

'If I want to see the children, it's easier to be in New York. It takes six hours off each trip (overseas), and it costs a lot less money, which has been an issue.

'It saves 12 hours traveling for me and the children if I stay in New York.

'I'd love to be working and have my kids and have a normal life. (But) I've been forced to travel to a foreign country and spend less time in California, obviously.'

As for her medical treatments: 'I've also had my teeth done in France. It's much cheaper there. So is botox.'

The Gossip Girls star also argued her children are US citizens and have a string connection to California.

Drawn out: The 46-year-old and her ex have been battling it out since 2012 when the German businessman moved the Europe with the children as he no longer had a US visa

Drawn out: The 46-year-old and her ex have been battling it out since 2012 when the German businessman moved the Europe with the children as he no longer had a US visa

According to People, when Hallin argued that the children don't reside in the US, the actress appeared to whisper 'That's the point.'

Her ex spoke to the court via video conference from Europe as he is not able to enter the US.

The couple married in 2006 but split just two years later while the star was pregnant with their daughter.

On Thursday and Friday the actress was supported in court by new boyfriend assistant manager for Gucci, Tony Brand.

Just reunited: In May, the actress won temporary custody and the children have only just returned to the US (seen here on Monday in New York)  

Just reunited: In May, the actress won temporary custody and the children have only just returned to the US (seen here on Monday in New York)  

 

 

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