The Gossip Girl star is enjoying her summer with her children, who live in Monaco with their father

By Michele Corriston
Updated July 14, 2015 09:05 AM
Credit: Randy Brooke/WireImage

Though Kelly Rutherford‘s fight to move her two children from Monaco back home to the United States is far from over, she’s savoring their summer together.

The Gossip Girl star posted an Instagram on Monday night of son Hermes, 8, and daughter Helena, 6, painting at the Children’s Museum of the Arts in New York City, captioning the photo with a simple heart emoji.

Rutherford, 46, has been locked in a contentious custody battle with ex-husband Daniel Giersch, 42, for six years.

She took the stand during a two-day hearing in Los Angeles last week as the former couple’s attorneys argued over her residency. (The German businessman’s side says Rutherford no longer lives in L.A. so the court does not have jurisdiction, and she insists she is bicoastal.)

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Rutherford and Giersch currently share custody, but a judge sent Hermes and Helena to live with their father in Monaco and France in 2012 because his U.S. visa had been revoked. Rutherford has traveled back and forth for visits ever since – by her count, more than 70 times.

For now, the kids are on American soil, staying with their mother during the summer.

It seems Helena and Hermes are having quite the cultural experience in N.Y.C.: Rutherford posted a photo Sunday of the children at the Metropolitan Museum – though they seemed more fixated on playing Minecraft than admiring the artwork.

“Is anyone looking at the art?” she joked in on Instagram.