Post by -Mother Chucker- on Jan 28, 2009 18:28:00 GMT -5
Judge: Kelly Rutherford Can Take Son to NYC
Kelly Rutherford can take her son Hermes, 2, to New York City while she films Gossip Girl, a judge ruled Friday.
After a day of testimony, Judge Michael Levanas said Rutherford, 40, can leave with the boy to begin work on Sunday.
He said his decision was based on the fact that Rutherford had a contractual obligation for work and that there were no business or other obligations preventing Giersch from going to New York to care for his son.
"That is the reality of the facts I have," 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. Giersch, who lives in Los Angeles, told the judge he will go to New York.
"I can't find fault with either of you," 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, Levanas ruled.
When she is not working, they will share time with the boy.
Rutherford 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.
Rutherford -- who is four months pregnant with their daughter -- filed for divorce on Dec. 30 after two years of marriage. Giersch, a German entrepreneur, filed for legal separation the same day.
She then sought to bar him from leaving the United States with their son, fearing they'll disappear.
Giersch fired back, claiming that she had a bad temper and once threw a laptop at him and tried to punch him. (Her rep denies those claims.)
In a Jan. 16 filing, she claimed that she had to call the police twice on him because he frightened her and once yelled at her within inches of her face.
www.theinsider.com/news/1585410_Judge_Kelly_Rutherford_Can_Take_Son_to_NYC
Kelly Rutherford can take her son Hermes, 2, to New York City while she films Gossip Girl, a judge ruled Friday.
After a day of testimony, Judge Michael Levanas said Rutherford, 40, can leave with the boy to begin work on Sunday.
He said his decision was based on the fact that Rutherford had a contractual obligation for work and that there were no business or other obligations preventing Giersch from going to New York to care for his son.
"That is the reality of the facts I have," 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. Giersch, who lives in Los Angeles, told the judge he will go to New York.
"I can't find fault with either of you," 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, Levanas ruled.
When she is not working, they will share time with the boy.
Rutherford 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.
Rutherford -- who is four months pregnant with their daughter -- filed for divorce on Dec. 30 after two years of marriage. Giersch, a German entrepreneur, filed for legal separation the same day.
She then sought to bar him from leaving the United States with their son, fearing they'll disappear.
Giersch fired back, claiming that she had a bad temper and once threw a laptop at him and tried to punch him. (Her rep denies those claims.)
In a Jan. 16 filing, she claimed that she had to call the police twice on him because he frightened her and once yelled at her within inches of her face.
www.theinsider.com/news/1585410_Judge_Kelly_Rutherford_Can_Take_Son_to_NYC
