Kelly Rutherford Kids Custody Update: Judge Rules Star Can't Fight For Custody In California

'Gossip Girl' Kelly Rutherford continues to battle to bring her kids in her custody.

However, right now she cannot.

46-year-old Rutherford has been spending all that she has to win custody of her children who have been living with their father, Daniel Giersch, in Monaco.

It has been ruled today that California doesn't have jurisdiction in Kelly Rutherford's lengthy custody battle. This ruling was issued by Los Angeles Superior Court Judge Mark Juhas, reports the ABC News.

"Given the fact that the children have only spent approximately one week in California in over two years, if these children have any connection to California, it is tenuous at best," he says.

"The court does not believe that it is obligated to relinquish jurisdiction to Monaco, only that it acknowledge that it no longer has jurisdiction over the children."

The actress stays most of the time in California. She says she has visited her kids in Monaco for more than 70 times, according to a report from Entertainment Weekly.

Eight-year-old son, Hermes, and six-year-old daughter, Helena, are currently with their mom to spend the summer with her. This is one of those times they get to spend together.

Back in 2012, Rutherford and Giersch had a joint custody agreement when he lost his US visa, and a California judge told Giersch that their kids should stay with him in Europe. However, Rutherford's request to bring her kids with her back to the U.S. has been denied.

Rutherford was not accused of any wrongdoing.

"I can sit here and tell you how often I cry," she told Good Morning America. "I can tell you how it feels to leave my kids in a foreign country ... to see them after not seeing them for weeks on end."

"We are extremely disappointed," David Glass, Rutherford's L.A.-based attorney tells E! News.

"This court set up the current situation whereby my client was forced to live bi-coastally, but now, the court appears  to be holding it against her. Likewise, the court created the situation whereby the children would lose their connections to California, and despite the Judgment's language precluding the passage of time from creating new jurisdiction, that is exactly what has happened," he adds.

On the bright side, Giersch will "continue to promote Kelly's relationship with the children," Giersch's attorney, Fahi Takesh Hallin, tells ABC News.

"He believes that the children deserve to love both parents," he says. "As always, Daniel will continue to guard the privacy of the children, in their best interests and for their safety."