Three months after a We the People petition was created for her cause, the White House announced it won't comment on the matter – even though the online plea hit the 100,000-signature mark it needed to warrant a reply – because her case is still in the court system.
"As the We the People Terms of Participation explain, to 'avoid the appearance of improper influence, the White House may decline to address certain procurement, law enforcement, adjudicatory, or similar matters properly within the jurisdiction of federal departments or agencies, federal courts, or state and local government,' " reads the response, posted Tuesday. "Your petition raises issues that appear to be the subject of ongoing legal proceedings, and that's why we're declining to comment on it."
The news comes after Rutherford, 46, hit a major hurdle in her fight to move son Hermes, 8, and daughter Helena 6, back to the United States from Monaco, where they've lived with their dad Daniel Giersch since 2012. (The kids are spending their summer with their mom in New York City.)
Last week, family court judges in both California and New York decided they don't have jurisdiction over the children anymore.
"It's just incredible as an American mom with America-born children," she told PEOPLE Monday of the setback. "My forefathers fought for this country and the freedoms we enjoy."
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The petition, started April 28, was signed by high-profile celebrities like Kim Kardashian West and Rutherford's Gossip Girl costar Ed Westwick.
"I feel so blessed to have so much support for me and my children," Rutherford told PEOPLE after hitting the 100,000-signature mark May 13. "I am optimistic that the Obama administration will step in and rescue my children now."
In a statement last week, Giersch's attorney Fahi Takesh Hallin told PEOPLE, "Daniel will continue to promote Kelly's relationship with the children. He believes that the children deserve to love both parents and has never nor does he intend to ever participate in any negative press directed at Kelly. As always, Daniel will continue to guard the privacy of the children, in their best interests and for their safety."