The actress has been battling to bring Hermes and Helena back to the United States since 2012

By Michele Corriston
Updated September 29, 2015 11:55 AM
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Credit: John Lamparski/WireImage

About a month before she must head back to Monaco to fight for custody of her two children, Kelly Rutherford put her legal drama aside for a night out in New York.

Rutherford, 46, beamed on the red carpet Monday night for the Roger Waters: The Wall premiere at the Ziegfeld Theater. The Gossip Girl star took a break from her usual white and cream color palette and wore a black, see-through lace blouse and matching skirt.

As PEOPLE previously reported, Rutherford has a new court date set for Oct. 26 in Monaco.

The actress has been battling to bring son Hermes, 8, and daughter Helena, 6, back to the United States, where they were born, since 2012, when a judge sent them to live with their father in Monaco and France temporarily.

After spending five weeks with the children in N.Y.C. this summer, Rutherford refused to return them because, as she told PEOPLE exclusively, they “got really panicky” and cried about leaving. Her ex-husband, German businessman Daniel Giersch denounced the controversial decision as kidnapping, and a judge ordered Rutherford to turn in their passports, whisking them back to Europe.

Rutherford and Giersch, 41, attended a two-hour hearing in Monaco earlier this month. Their joint custody arrangement remained in tact, though Rutherford was spotted spending time with the children in the glitzy principality.

“Everybody agrees that it’s best that the children be with both parents, and Kelly’s enjoying being with them,” a source told PEOPLE.