It's hard to say goodbye: Kelly Rutherford has final meal with children before sending them back to her ex-husband in Monaco

Published: 19:50 EST, 6 August 2015 | Updated: 01:46 EST, 7 August 2015

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She has lost her long and bitter custody battle to keep her children in the US instead of Monaco with their father.

So it was no doubt an emotional evening for Kelly Rutherford as she enjoyed a last dinner with her children on in New York on Wednesday night before their departure to millionaire's paradise Monaco the following day.

She treated Helena, six, and eight-year-old Hermes to a meal at the reasonably priced Gina La Fornarina Italian restaurant.

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Food for thought: It will have been a bittersweet night for Kelly Rutherford as she had a last supper with her children in New York on Wednesday

The 46-year-old Gossip Girl favourite wore a simple ensemble of white pullover and short shorts, while her brood were also casually dressed for the outing.

It was their last night of summer with their mother, before retiring on Thursday to the French Riviera principality, where they permanently reside with their wealthy businessman father Daniel Giersch.

It has been a bittersweet few weeks for the actress, who got to spend almost every moment with her two children, but had to deal with the dual blows of American courts on both coasts abandoning her case.

Kelly was granted temporary sole custody of the children in May following a ruling they be brought back to the United States from Monaco, where they had been living with Daniel since 2012.

Cab for her cuties: Kelly brought her two children to the modest Italian restaurant in a yellow taxi

Helping hand: Kelly was able to play with her phone while a lackey carried Helena to the restaurant

Kelly Rutherford bikes with daughter Helena around New York

However she revealed last week a New York court had ruled it has no jurisdiction over the matter, just days after California also washed its hands of the case.

Unfortunately for the blonde it was a Californian court which awarded both parents joint custody, but since the 41-year-old German businessman had since had his visa revoked it ruled the children should stay with him in Europe.

It decided they could be visited by there by Kelly mother until Daniel resolved his visa issue.

Even more regrettably the cost of 70 trips back and forth across the Atlantic, coupled with the legal expense of a six-year custody battle, led to Kelly filing for bankruptcy in 2013.

Taking over: The acting star held her child once they arrived at the eatery for their meal

Why are we waiting? Hermes looked eager to enter the restaurant while the adults had a pow-wow outside

Prosperous Daniel meanwhile apparently made no move to renew his visa, and appears happy to keep the children with him in Monaco for the foreseeable future.

Ironically one of the reasons the Californian court decided it had no jurisdiction is because Kelly spends most of her time in New York, where she claims she moved to make it easier to fly to Europe.

She filed for divorce from her second husband after just one-and-a-half years of marriage back in 2009, citing irreconcilable differences. At the time she was already three months pregnant with Helena.