Kelly Rutherford Spends Time with 'Future Clothing Designer' Daughter Days Before Kids Leave U.S.

Kelly Rutherford Custody Battle: Daughter Helena Is a Future Clothing Designer
Kelly Rutherford and her daughter Helena
Astrid Stawiarz/Getty

08/05/2015 AT 08:50 AM EDT

Kelly Rutherford is relishing every moment with her two children before she must send them back to Monaco on Thursday.

The Gossip Girl star posted an Instagram late Tuesday night showing that daughter Helena takes after her mom when it comes to creativity.

"Future clothing designer," she captioned a snapshot of Helena, 6, bending over fabric in a room stocked with sewing machines.

Future clothing designer photo by @allisonbrooke

A photo posted by @kellyrutherford on

Rutherford, 46, spent the summer with Helena and son Hermes, 8, but they must fly back to Monaco, where they have lived with their father, German businessman Daniel Giersch. They've called the European principality home since 2012, when a California judge gave the estranged parents joint custody yet ordered the kids to live with their dad temporarily because his U.S. visa had been revoked. (The State Department has said he never reapplied for a visa.)

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The actress has taken her custody battle to both coasts, but California and New York family courts declined to hear her case this month, claiming they no longer have jurisdiction. She's also tried the political route, testifying at congressional hearings twice and organizing an online petition that reached more than 100,000 signatures, yet the White House announced it won't intervene last week, citing "ongoing legal proceedings."
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