She claims a California judge deported her children illegally in 2012 . California court ruled US 's ex-husband Daniel Giersch could take the children to live in France and spend vacations with in the Rutherford . 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 Rutherford . The permanent dismissal says that US failed to argue why the federal court should intervene in custody case .
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 .