Kelly Rutherford's never ending quest to have her two kids live with her in the US had another setback yesterday. In a unique legal move, Kelly's lawyers went to federal court and argued that when a California judge ordered that her kids live with their father because he didn't have the right to live in the United States that the judge was effectively deporting her US citizen children. The federal judge in New York though told Kelly and her lawyers that he didn't have jurisdiction over the child custody case in California and told Kelly she was out of luck. Kelly started crying in court and said that the government should protect its citizens, which include her kids. The children are due to be sent home to their father on Tuesday and if Kelly does not return the on that day could face kidnapping charges. I'm sure she will send them home because there is no point in her risking kidnapping charges or being unable to see them in the future because of her actions. The judge said he would try and work something out to give the father of the kids the right to live and work in the US which would let Kelly see them more frequently. I wonder if the guy wants to come back though. What about his job in Europe?