Gossip Girl's Kelly Rutherford Divorce Drama
updated 02/09/2009 AT 01:00 AM EST
•originally published 02/09/2009 AT 01:00 AM EST
Soon she and Giersch were locked in a bitter custody feud over their son Hermès, 2 (see box). While Rutherford said in court documents that she feared Giersch, a German native, was a flight risk, Giersch asked a Los Angeles judge to bar Rutherford from taking Hermès to New York City to film her show, arguing that her chaotic work schedule hurt their child. "If I am being asked to choose my career over my son, I choose my son," Rutherford responded in court.
For now Rutherford doesn't have to make that choice. On Jan. 23 the judge ruled that the actress could go to New York City with Hermès until Gossip Girl finishes shooting in March. Since Giersch is willing to care for their son there, while Rutherford works, the couple are staying civil—at least until court resumes in April. Giersch told PEOPLE, "Kelly loves Hermès, I love him, and we have to make sure everything's right for our new baby." Agrees a rep for Rutherford: "Right now Kelly is focusing on her family and trying to bring as much normalcy to their lives as possible."