BREAKING NEWS

Gossip Girl Star Custody Drama

Jan. 21 2009, Published 6:34 a.m. ET

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UPDATE: 1:15PM Testimony from both Kelly and her husband Daniel will be heard tomorrow. Can you say fireworks? Also, Kelly has to be in New York Sunday. Her child has never been away from Kelly for one night.

UPDATE: 12:55PM Lawyers in the custody battle between Kelly Rutherford and Daniel Giersch are arguing that the case be continued. In court, Giersch argued he does not want their two year old son to travel with Kelly to New York. Giersch's deposition will take place tomorrow and Rutherford's on Monday. Rutherford and Giersch have agreed for a court appointed custody evaluation.

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UPDATE: 12:21PM Gossip Girl star Kelly Rutherford just walked into court for her custody battle wearing jeans, hair pulled back at no make-up. Her estranged husband, German businessman Daniel Giersch is also there.

RadarOnline.com is in the Santa Monica courtroom this morning for a custody hearing for Gossip Girl star Kelly Rutherford's divorce proceedings against her estranged husband, German businessman Daniel Giersch... and Giersch just showed up wearing a dark suit. Kelly is not there.

At stake is visitation for the couple's two year old son, Hermes. In court papers, Kelly Rutherford alleges that she was scared of Daniel, and that she called police twice because of explosive arguments. The couple was married for two years and filed for divorce in December.

Giersch alleges that Rutherford doesn't spend any time with Hermes while she is filming in New York City for Gossip Girl. Giersch wants the judge to ban Rutherford from taking their son to New York City where she films Gossip Girl. Rutherford in return wants the judge to rule that Giersch can't take Hermes out of the country and to allow her to take Hermes with her to New York City through the end of March 2009 when filming will be finished for the season of Gossip Girl. In court papers, Rutherford declared that she was Hermes primary caretaker, and that she is still breast feeding Hermes.

Rutherford is four months pregnant with the couple's second child, a daughter.

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