Kelly Rutherford's kids may not be staying beyond the summer in the US as her custody battle has yet to move forward.

In a report on People, it was revealed that after California rejected her custody case and ruled that they have no jurisdiction over it, New York followed and also said they have no jurisdiction over Rutherford's request to get hear the custody case for her kids.

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

The Kelly Rutherford kids live in Monaco with their father Daniel Giersch and are only in the US for the summer. The children, Hermes and Helena, though were sent to Monaco by a California judge after their father encountered visa problems -- a fact that Rutherford is pointing out now.

"They were sent there by California temporarily to accommodate Daniel's visa issue, and now California won't bring them home," she said. 

The "Gossip Girl" alum's lawyer found the rejection of both courts "silly," according to Us Weekly.

"California said it could only have jurisdiction if Kelly lived in California, which of course she does not and has not for many years so that was absolutely predictable," Murphy said. "New York said it had no jurisdiction because California had jurisdiction - which is silly - but it is what it is."

Rutherford's camp is currently looking at legal options to take after the two rejections including plans to appeal the California decision.

Despite the decisions, Giersch's lawyer was quoted by E! Online in saying his client remains firm that he will not cut Rutherford's tie with their children as they deserve to have both parents.

Kelly Rutherford has been fighting exhaustively for custody of her kids for years now. Last Saturday though she was seen in cheerful mood as she spent her day with her children in a charity event in New York.