Kelly Rutherford treats her two children to iced drinks after reuniting with them just a few days ago as she renews her battle to keep them in the US

It's a simple pleasure that any mother should be able to enjoy.

But it's something Kelly Rutherford has been unable to do for a long time.

On Tuesday she treated her eight-year-old son Hermes and daughter Helena, aged six, to iced drinks topped with whipped cream as they strolled around on a hot day in New York.

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Simple pleasure: Kelly Rutherford treated her son Hermes, eight, and daughter Helena, six , to iced drinks in New York on Tuesday

Simple pleasure: Kelly Rutherford treated her son Hermes, eight, and daughter Helena, six , to iced drinks in New York on Tuesday

The children, both blondes like their mum, looked happy as they stood next to the 46-year-old slurping their drinks.

Hermes wore a yellow T-shirt with bike images, grey skinny jeans and blue sneakers while his sister looked ready for summer in a pale blue dress, with circular images in various shades of darker blue.

The Gossip Girl star was casually dressed in a grey and white marl top, distressed white skinny jeans and slides.

Kelly was reunited with her children earlier this month after a judge in Monaco ruled in May she should have temporary sole custody for the summer, over-ruling the wishes of her ex-husband, German businessman Daniel Giersch, according to People

Together again: The Gossip Girl star was reunited with her children after a judge in Monaco ruled that her ex, German businessman Daniel Giersch, had to let them come home for summer

Together again: The Gossip Girl star was reunited with her children after a judge in Monaco ruled that her ex, German businessman Daniel Giersch, had to let them come home for summer

The pair divorced in 2009 and the actress has been embroiled in a bitter custody battled with Daniel since 2012, after he took the children to live in with him Monaco when his U.S. visa was revoked.

A California court awarded him custody after ruling that, under the state's 50/50 child sharing law, he would be unable to come back to the U.S. to see them. 

Ever since, Kelly has been jetting to Monaco to see the children and fighting for their return to the U.S.

On Monday, she told The View hosts: 'It's incredible, it's emotional. We're all a little jet-lagged but happy.'

Keeping things cool: Her children have lived in Monaco and France with Griersh since his U.S. visa was revoked in 2012

Keeping things cool: Her children have lived in Monaco and France with Griersh since his U.S. visa was revoked in 2012

She added that Daniel had kept her apart from the children even when she went to Monaco. 

'I think what people don't understand is that this is a victory for me. Their father only let me see them 11 days this year in Europe.

'The last time I was there, the kids were expecting to see me, and [Giersch] said unless you hand over the U.S. passports you can't see them,' Kelly said.

Caffeine fix: Kelly was pictured at another point on Tuesday sipping on a coffee with her iPhone in hand
Caffeine fix: Kelly was pictured at another point on Tuesday sipping on a coffee with her iPhone in hand

Caffeine fix: Kelly was pictured at another point on Tuesday sipping on a coffee with her iPhone in hand

She also said there is some confusion over whether Monaco or California has legal jurisdiction over the matter: 

As things stand at the moment, Helena and Hermes will have to return to Monaco to live with their father at the end of the summer.

But Los Angeles County Superior Court Judge Mark Juhas has scheduled a hearing on Thursday to determine whether he has authority to make rulings in the ongoing custody dispute.  

Taxi! As she held her smartphone to her ear with her shoulder, the actress tried to hail down a cab

Taxi! As she held her smartphone to her ear with her shoulder, the actress tried to hail down a cab

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