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Kelly Rutherford & Husband Lectured in Divorce Court

Jan. 13 2010, Published 9:45 a.m. ET

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Kelly Rutherford and estranged husband Daniel Giersch faced off in court on Wednesday in Santa Monica, Calif., over the temporary restraining order she had placed on him. To their surprise, the battling couple got a tongue lashing from judge Teresa A. Beaudet.

EXCLUSIVE: Kelly Rutherford Prepares For Restraining Order Battle Against Husband

"You could have called at 4:30 yesterday and let me know they wanted the continuance," Beaudet said admonishing the couple. "I am new with the case so I spent hours last night familiarizing myself with it. But worse than my inconvenience, every time we call a court case up to be heard, it costs the court a lot of money and this has been going on since September."

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Kelly Rutherford Welcomes New Baby, Daddy Not There

Despite feeling that the couple was wasting the court's time and money, Beaudet granted the continuance and scheduled another hearing for April 7 barring a medical emergency or an out of court resolution through mediation.

While the judge asked to throw out the restraining order and just agree to do curbside pickup, Rutherford's lawyers said that would not work since Giersch has allegedly violated the restraining order already. Her lawyers also scoffed at the idea of a mutual stay away order saying Rutherford had done nothing to merit one. Rutherford is seeking that the temporary restraining order be made permanent.

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Rutherford spoke to RadarOnline.com outside the courtroom and confirmed that despite the divorce drama, their children Hermes and Helena are hanging in there. "They are doing great! Really good," Rutherford said. Despite a recent bout of the flu, her daughter is "all better."

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