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Kelly Rutherford faces new blow in custody battle to bring her children back to America as New York denies case... days after California court said it had no jurisdiction

Published: 17:12 EST, 27 July 2015 | Updated: 21:34 EST, 27 July 2015

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Actress Kelly Rutherford has been dealt another blow in her ongoing fight to be reunited with her children.

Rutherford and her German ex-husband Daniel Giersch have been embroiled in a bitter, six-year custody battle after a court ruled in 2012 their children should live with him in Monaco and France.

Rutherford, 46, told People magazine on Monday that the New York court has ruled it has no jurisdiction over the matter, just days after California also washed its hands of the case.

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Together again: Actress Kelly Rutherford and her daughter Helena, 6, and son Hermes, 8, attend the Ovarian Cancer Research Fund event in New York on Saturday

The former Gossip Girl star, who is fighting to return to US-born children to America, has referred to the case as a 'legal kidnapping'.

A court ruled that the children should live with Giersch in Europe, but spend summers with Rutherford in America, after his US visa was revoked.

'Neither California or NYC are taking jurisdiction,' Rutherford told People. 'So who in the US has jurisdiction of my America-born, US citizen children?'

Custody fight: Rutherford's children spend summers with her in the US, but live full-time in Monaco with their father

On Thursday, a California court ruled it did not have jurisdiction, as neither Rutheford nor the children live in the state anymore. The actress spends most of her time in New York, because it is easier to fly to Europe from there.

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

However, the actress was able to enjoy some quality time with her children, son Hermes, 8, and daughter Helena, 6, who are spending the summer with her in New York.

Mother's battle: The actress has spent more than a million dollars on her custody fight, according to her 2013 bankruptcy filing

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The they were pictured looking happy and relaxed at a Ovarian Cancer Research Fund event in the Hamptons on Saturday.

Rutherford filed for bankruptcy in 2013, claiming debts of $2 million including $1.5 million spent on legal fees to fight the custody decision.

The actress has no plans to give up her six-year fight to return her children to the US.

Family time: The actress watches son Hermes play at the cancer charity event on Saturday

'New York said it had no jurisdiction because California had jurisdiction – which is silly – but it is what it is,' her lawyer Wendy Murphy told People.

'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,' said the lawyer.

Rutherford and Giersch share custody, but the children live with him because he is not able to return to the US. They married in 2007 and divorced in 2009.

Rutherford says she has flown to Europe around 70 times to visit her children, and has campaigned on behalf of 'left behind' children.

Happier days: Rutherford with ex-husband Daniel Giersch in September, 2012

Kelly Rutherford talks emotional reunion with kids on The View

Rutherford has appealed to presidential candidate Hillary Clinton and US Secretary of State John Kerry. A petition to get President Barack Obama to intervene in her custody case attracted 100,000 signatures but was a dead end.

She has also testified twice on the issue in front of Congress.

'I can only see this as a legal kidnapping by a California judge forcing my children to live abroad for so long that the other countries seize control over their lives,' she testified in front of Congress in mid-July.

'I just ask each of you here today how it is possible that two American citizens have been ordered by their own government to live in exile in a foreign country?' she said.