Kelly Rutherford To Take The Stand In Custody Battle

January 21, 2009 By:
Kelly Rutherford To Take The Stand In Custody Battle

Kelly Rutherford’s divorce to Daniel Giersch is just getting uglier. The two have now been ordered to take the stand in their custody battle over their son Hermes.

Kelly and Daniel attended a hearing on Wednesday in Santa Monica, and now have to go back tomorrow to see if Kelly is allowed to take Hermes with her to New York to shoot Gossip Girl.

Kelly intends to take him there for several months to finish out the season. Giersch objects to this decision, saying Kelly’s work is “very hectic and stressful.”

Yeah, getting your hair and makeup done while spitting out silly lines sure is stressful! Not sure we agree with him on that one. Hermes would probably just hang out with his nanny in a comfortable trailer all day!

Rutherford's lawyer, Lance Spiegel, argued in court that she "would suffer harm because of contractual obligations" if she doesn't show up in New York for work.

He also said that Hermes was already so used to travel back and forth to NY already, and hasn’t ever spent a night away from his mom.

Custody battles are so sad. It doesn’t seem like Giersch has his son’s best interest at heart. He seems like he just wants to make Kelly’s life harder. If he wants to be with his son so badly, then he should move to New York!