Kelly Rutherford has been permitted to take her 2 1/2-year-old son Hermes to New York until the end of March, a judge in Los Angeles ruled on Friday.
Judge Michael Levanas stated that to leave Hermes with Kelly’s estranged husband, Daniel Giersch, would be removing the child from his mother “cold turkey,” and would be detrimental to the boy. The judge added that his decision in based on “the plan least likely to cause trauma to [Hermes].” If Kelly went to New York without her son, “the minor would have his first multiple nights away [from his mom],” added Judge Levanas. The judge encouraged both Kelly, 40, and Daniel, 34, to remain positive through this separation. “I can’t find fault with either of you.” He complimented Daniel and said, “I applaud you [for your efforts in this case]. I want you to see [Hermes] every single day” in New York.
Kelly plans to leave for New York on Sunday to start filming her hit show Gossip Girl. The next hearing in the couple’s case is set for April.