Judge Sides with Kelly Rutherford in Custody Issue

01/23/2009 at 01:40 PM EST

Judge Sides with Kelly Rutherford in Custody Issue
Kelly Rutherford
Turner/Splash News Online
Kelly Rutherford will be allowed to take her son Hermes, 2, to New York until the end of March, a judge in Los Angeles ruled Friday.

Judge Michael Levanas stated that to leave Hermes in L.A. with Rutherford's estranged husband, Daniel Giersch, would be removing the child from his mother "cold turkey," which could be detrimental to the boy.

In making his ruling, the judge stated that he had to consider "the plan least likely to cause trauma to [Hermes]." If Rutherford went to New York without her son, "the minor would have his first multiple nights away [from his mom]," said Judge Levanas.

But the judge had praise for both Rutherford, 40, and Giersch, 34, who remained composed throughout the hearing. "I can't find fault with either of you." He complimented Giersch, saying, "I applaud you [for your efforts in this case]. I want you to see [Hermes] every single day" in New York.

Rutherford's lawyer previously stated that the actress planned to leave for New York on Sunday due to work obligations.

The next hearing in the couple's case has been set for April.

More to come...

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