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Kelly Rutherford and Ex Reach Truce in Custody Battle

Kelly Rutherford and Ex Reach Truce in Custody Battle
Kelly Rutherford with daughter Helena
Albert Michael/Startraks

updated 08/04/2009 at 08:35 PM EDT

originally published 08/04/2009 06:05PM

The legal guns in their seven-month custody battle have silenced – for now.

Gossip Girl star Kelly Rutherford and her estranged husband, German businessman Daniel Giersch, have reached a temporary settlement of joint legal and physical custody over Hermes, 2, and Helena, 2 months, court papers filed in Santa Monica, Calif. show.

The agreement, in effect until April 2010, is built around Rutherford's filming demands in New York, where both parents will temporarily live. Rutherford, 40, and Giersch, 36, were also ordered into co-parenting counseling.

Rutherford filed for divorce from Giersch in January when she was two months pregnant with Helena.

"Ms. Rutherford is pleased with the results which allow her to temporarily reside in New York with both children so she can fulfill her work commitments," said Rutherford's attorney Stefanie Hall.

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