Kelly Rutherford continues to fight for custody of her children in Monaco

It has been a bittersweet summer for Kelly Rutherford and her kids. The Gossip Girl actress has been in an up and down custody battle with ex-husband German businessman Daniel Giersch in regards to the placement of their children Hermes, 8 and Helena, 6. On Thursday, the 46-year-old mother shared adorable snaps of her and her children on Instagram ahead of her custody hearing in Monaco.

Kelly shared an image of her and children Hermes and Helena Photo: Instagram/@kellyrutherford

In one photo, Kelly is seen snuggled up to her daughter Helena. Another image features Kelly and both of her children sharing a sweet moment together. In this phase of the court process, the actress will request her children live with her in the United States where they were born and are citizens verses living abroad in the primary care of their father in France and Monaco.

In a statement to People magazine, Kelly's U.S. lawyer Wendy Murphy shared that Kelly was hopeful going into court. "Kelly trusts her Monaco legal team and feels that the Monaco judge treated her with respect when she was there last June," Wendy said. "She believes the judge will again treat her with respect."

Kelly Rutherford cuddles up to her daughter Helena, 6 Photo: Instagram/@kellyrutherford

Wendy, who will not be representing Kelly abroad, added: "Kelly is praying that the judge in Monaco does the right thing on September 3, and sends the children home to America."

After the appearance in court, a new hearing has been set for October 26. Until then though, Kelly will be able to see her kids. Aside from sharing pictures of her children, Kelly posted a sweet E.E. Cummings quote on her Instagram dedicated to her children, "You are my sun, my moon and all of my stars." She also shared an inspirational quote that included: "Everything will work out. Things will get better. … You are strong. You can do this."

Hermes and Helena spent the majority of the summer in New York City with Kelly, but were ordered to return home to their father in August. Kelly did not comply with the judge's initial request saying the children became "panicky" at the time of their departure.

Kelly and Daniel's custody saga has been going on since 2012. Family courts in New York and California have since ruled that they have no jurisdiction over the case.

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