kelly rutherford , pictured with her children , hermes and helena , was shut down by the courts again in a final plea to gain custody of her children .
rutherford 's lawsuit stating that her children were illegally deported to france when a california court awarded custody to her ex-husband daniel giersch , 40 , and she claimed that no other u.s. court has ordered children to live in another country when they have an able parent in the united states that