The former Gossip Girl star has been locked in a six-year court battle with her German ex-husband Daniel Giersch over the custody of Helena, six, and Hermes, eight, which began when their father's U.S. visa was revoked and a Los Angeles judge allowed him to take the children to Monaco to live with him temporarily in 2012.

Rutherford has been fighting to bring her kids, who are both U.S. citizens, home ever since, but her appeal in a California court was dismissed on Thursday (23Jul15), when the judge declared the actress has no legal recourse to pursue her claim in the state.

She took the battle to New York, where she is now based, but on Friday (24Jul15), a judge there refused to take up the case due to a lack of authority, too.

Rutherford tells, "Neither California or N.Y.C. are taking jurisdiction. So who in the U.S. has jurisdiction of my America-born U.S. citizen children? They were sent there by California temporarily to accommodate Daniel's visa issue, and now California won't bring them home."

The actress has met with U.S. presidential hopeful Hillary Clinton and contacted Secretary of State John Kerry and the State Department, but they have not provided the desperate mum with any help for what she claims is a "legal kidnapping".

Rutherford, who has yet to decide on her next step, is currently spending the summer (15) with her kids in the U.S., thanks to a recent ruling by a judge in Monaco.