(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.