Despite the stressful custody battle that Kelly Rutherford is currently facing, the “Generations” star posed all smiles on Tuesday with daughter Helena in New York.

After months of facing legal issues, the 46-year-old actress took a break from the stressful custody battle for her children. On Tuesday night, Rutherford attended the Blushington New York City Grand Opening Party at Le Parker Meridien Underground, Us Weekly reported.  The actress looked beautiful in a white tank top and beige fringe skirt, while she cuddled with Helena, who was wearing a blue dress and silver slip-on sandals. The two had a pampered mother-daughter night, as they enjoyed the party’s makeup and beauty lounge.

Meanwhile, Rutherford is still struggling with her legal battle to gain custody of 6-year-old Helena and 8-year-old Hermes.  She has been asking the New York and California family courts to allow her children back to U.S. soil. Since 2012, the two children has been living with Rutherford’s ex-husband Daniel Giersch in France. Over the years, Rutherford spent nearly $2.5 million in her fight to gain custody, Entertainment Tonight reported.

The former “Gossip Girl” actress even started a petition to the White House to help bring her children back to the country. Although her petition reached 100,000 signatures, the White House has declined to comment on the matter. According to People, the White House sent a response Tuesday which read:  “As the We the People Terms of Participation explain, to 'avoid the appearance of improper influence, the White House may decline to address certain procurement, law enforcement, adjudicatory, or similar matters properly within the jurisdiction of federal departments or agencies, federal courts, or state and local government.  Your petition raises issues that appear to be the subject of ongoing legal proceedings, and that's why we're declining to comment on it.”

Courts in California and New York have already stated that Rutherford’s case is no longer under their jurisdiction. However, her ex-husband’s lawyer assured that Giersch will continue to promote the privacy of their children and their relationship with his ex-wife.