she claims a california judge deported her children illegally in 2012 .
california court ruled rutherford 's ex-husband daniel giersch could take the children to live in france and spend vacations with in the us .
her petition to custody battle was dismissed in court last august .
but in one final attempt she put in another appeal , which was dismissed .
court order states that it did ` nt have jurisdiction to force kids to live in us .
the permanent dismissal says that rutherford failed to argue why the federal court should intervene in custody case .