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Kelly Rutherford, Hermes Giersch, Helena Giersch

Eugene Gologursky/Getty Images

Kelly Rutherford and her son and daughter appeared to be in great spirits at a charity event on Saturday as she and ex-husband Daniel Giersch continue their custody battle, which has lasted for more than six years and spans two continents.

The 46-year-old Gossip Girl alum posed for playful photos with Hermes, 8, Helena, 6, and their dog at the Ovarian Cancer Research Fund's 18th annual Super Saturday NY event in Water Mill, New York.

She and her ex, a German businessman, share custody. She lives in the United States and he lives in Monaco. The children have for the past three years lived with him abroad because he is unable to travel to the United States, as he was deported and his visa was revoked.

Kelly Rutherford, Hermes Giersch, Helena Giersch

Eugene Gologursky/Getty Images

At the event, the three also spent time away from the crowd, to get a cool drink of Aquaball children's water and to enjoy activities such as painting.

Kelly Rutherford, Hermes, Helena

Aquaball

Kelly Rutherford, Hermes, Helena

Aquaball

A California judge had ruled in May that Rutherford be awarded primary custody of the kids. Giersch challenged the decision and earlier this week, another California judge awarded him what appeared to be a victory, ruling that the state has no jurisdiction over the case as the kids "have only spent approximately one week" there over the past two years.

In June, a Monaco judge ruled that they should be allowed to return to the United States to spent the summer with their mother. They reunited with Rutherford in New York over the Fourth of July holiday.

Rutherford has been allowed to see the kids abroad and spends time in both California and New York. Her lawyer in the latter state expressed satisfaction with the latest California court decision, saying that they had "filed in New York to provoke California to issue a ruling and the judge reacted as we had hoped," adding that they are pleased that "this legal atrocity has been extricated from the grip of California's horrific family court system."

Giersch's attorney said in a statement that the kid's dad "will continue to promote Kelly's relationship with the children" and "believes that the children deserve to love both parents."

—Additional reporting by Beth Sobol