Kelly Rutherford has been fighting to bring her kids back to the United States since 2012

By Michele Corriston
Updated October 26, 2015 09:10 AM
Courtesy Kelly Rutherford; inset: Demis Maryannakis/Star Max/GC Images

It’s a big day for Kelly Rutherford.

The Gossip Girl star is in Monaco on Monday for yet another hearing regarding her six-year custody battle over son Hermes, 8, and daughter Helena, 6.

And on Sunday, she shared a photo of her children, their faces turned from the camera, with a simple heart emoji.

Earlier, she also posted artwork from Hermes and a friend: paper scribbled with a green marker that reads, “We love you!”

The hearing was scheduled after Rutherford, 46, appeared in court for two hours last month.

She’s been fighting to bring Hermes and Helena back to the United States, where they were both born, since 2012, when a judge sent them abroad to live with their father, German businessman Daniel Giersch, temporarily.

Rutherford took a heartbreaking hit in her campaign this summer: After spending five weeks with the children in New York, Rutherford refused to return them because, as she told PEOPLE exclusively, they “got really panicky” and cried about leaving. Giersch, 41, denounced the controversial decision as kidnapping, and an N.Y.C. judge ordered Rutherford to turn in their passports, flying them to Europe with their paternal grandmother.

After that hearing, Giersch’s lawyers said he is not “looking to punish” Rutherford in Monaco court. Still, his U.S. attorney Ira Garr said they are “considering taking different measures about future visits to the United States, how the passports are held or whether the visits need to be supervised.”