An Expectant Kelly Rutherford Arrives At Court


(In the above pic an expectant Kelly was snapped arriving at court today)

Kelly Rutherford, 40, will be allowed to take her son Hermes, 2, to New York until the end of March while she films Gossip Girl, a judge ruled Friday.

Judge Michael Levanas stated that to leave Hermes in Los Angeles with Kelly’s estranged husband, Daniel Giersch, would be removing the child from his mother “cold turkey,” which would be harmful to Hermes.

He said his decision was based on the fact that Kelly had a contractual obligation for work and that there were no business or other obligations preventing Daniel from going to New York to care for his son.

“That is the reality of the facts I have,” Judge Michael Levanas said. “I want you to see your son every single day. I want the child to see both parents.”

Her estranged hubby Daniel Giersch — who objected to the move, saying their son “doesn’t feel comfortable in New York” — is free to travel there as well. Daniel, who lives in Los Angeles, told the judge he will go to New York.

“I can’t find fault with either of you,” Judge Michael Levanas said. “We have a dad who loves his kid and a mom who loves her son.”

He will get one overnight through January, then two overnights in February and three in March, Judge Michael Levanas ruled.

When she is not working, they will share time with the boy.

Kelly will be required to come to Los Angeles once in February and once in March. While in L.A., they will alternate days.

It is the latest news in the pair’s increasingly bitter custody battle.

Kelly – who is four months pregnant with their daughter – filed for divorce on December 30th after two years of marriage. Daniel, a German entrepreneur, filed for legal separation the same day. 

When asked what she craves in her second pregnancy she replied, “cupcakes and some chinese food.”

Best wishes to Kelly in this stressful time.

Splash News Online


  1. catsue says

    I remember she was on the cover of Instyle weddings a few years ago. She had just gotten married and her husband collapsed in the shower. The doctors found out he had some serious health problem and she immediately left him. Didn’t he die? Does anyone know?
    Sounds like a real winner.

  2. Brittany says

    It sickens me to know that, most likely from now on, the dad will have to follow the mom around wherever she goes. I am sure that she has more than enough money to have a very good life so why keep working? Why not be in the same place as the dad so that they can both be around their son whenever they want? In my opinion, it’s unfair to the dad…at this rate he will be lucky to see his daughter after she’s born.

  3. Ronnie says

    dont even tell me he isnt named after the fashion house!
    probably got her higher up on the waiting list for their newest bag!
    thats hollywood for you.

  4. Jenna says

    “This woman is a selfish woman.. look at what Anne Heche went through with her son.. her Ex took care of him in L>A”

    Anne Heche is certainly NO role model either.

  5. ELIE TAYLOR says

    This woman is a selfish woman.. look at what Anne Heche
    went through with her son.. her Ex took care of him in L>A

    P.S the first post is about a non celebrity Molly Ringwald
    who is famous for her teenage movies

  6. pookie-wookie says

    wow, that is so sad.

    i don’t understand how parents can make a divorce so much more difficult on their chilren. it’s incredibly selfish of both of them to be fighting like this, and to need a judge tell them when each of them will see their child.

    another great example of parents NOT putting their childrens needs first.

  7. JASEY says

    webmaster. you might want to post that Molly Ringwald is expecting boy/girl twins due in August. She told it to People, exclusively.

  8. joueala says

    does she have a bump?? i can’t see it…anyway, she’s just 4 months pregnant and she’s tall..

  9. Kate says

    What a terrible situation! I can’t imagine. But would you look at Kelly’s little baby bump- it’s so cute!!

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