By Mary Sollosi
Updated July 23, 2015 at 08:04 PM EDT
Credit: Janette Pellegrini/Getty Images

Kelly Rutherford will not be able to continue to fight for custody of her children in California, People reports.

The Gossip Girl actress’ 8-year-old son, Hermes, and 6-year-old daughter, Helena, have been living with their father, Daniel Giersch, in Monaco for the past three years, and Rutherford has been fighting to bring them back to the States ever since. She spends most of her time in New York, but lives part-time in California as well. She has visited her children in Monaco, she says, more than 70 times.

Los Angeles Superior Court Judge Mark Juhas reached a decision today that the state of California does not have jurisdiction over Rutherford’s case, writing, “If these children have any connection to California, it is tenuous at best.”

Rutherford’s attorney has said she will not give up the fight.

For the full story, head to People.