LOS ANGELES (CBSLA.com) — Former “Melrose Place” and “Gossip Girl” actress Kelly Rutherford is hoping a judge will enforce a previous order, giving her temporary custody that would allow her to bring her children to California.

The decision, which overturned a ruling in 2013 that allowed the children to remain overseas with ex-husband Daniel Giersch, was put on hold after Giersch’s lawyer demonstrated to another judge that a court in Monaco, where Giersch has been living with the former couple’s son, 8, and daughter, 6, is also handling custody issues.

Superior Court Judge Mark Juhas said the issue before him is whether he has jurisdiction to rule on the case, given that Giersch’s lawyers argue Rutherford, 46, can have only one legal residence, that she has spent most of her time in New York the last three years and that she sold her West Hollywood home in March 2013.

Rutherford told the judge Thursday that she currently lives mostly in New York, but also has ties to California and periodically stays at the home of her mother and stepfather.

The actress’s attorneys maintain a person can have two legal residences and that Rutherford has business ties here, receives her medical care in California and visits her family and friends in the Southland.

Rutherford acknowledged she has a New York driver’s license and files income tax returns in that state under questioning by Giersch’s attorney, Fahi Takesh Hallin.

Asked by Hallin whether she had publicly stated she has spent $200,000 traveling to Europe to get her children and “bring them home to New York,” Rutherford replied, “I’m happy to have them come to New York or California. I think we can call it New York/California.”

Rutherford said she sold her West Hollywood home because of a bankruptcy proceeding. She said her children have been visiting with her at her New York apartment since July 3. They are scheduled to be returned to their father on
Aug. 6, she said.

She said much of her social media posts refer to New York because they date back to her “Gossip Girl” days. The show was primarily filmed there.

At one point Juhas said he was concerned about Hallin’s line of questioning given that it focused so much on New York and not on California.

“Your honor, there is no evidence to tell you about California because she no longer lives in California,” Hallin said.

Rutherford and Giersch married in 2006 and he filed for divorce in Los Angeles two years later. The divorce was finalized in July 2010. Giersch did not attend today’s hearing, but was linked to it by a video camera.

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