Kelly Rutherford Media Circus

Jan. 23 2009, Updated 3:16 p.m. ET

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Spotted, Kelly Rutherford emerging from a Santa Monica, CA courthouse looking very calm considering what the Gossip Girl star is facing.

Her estranged husband, Daniel Giersch is seeking to prohibit his wife from taking their two year old son, Hermes to New York City, where she is contractually obligated to be through March. On the witness stand this afternoon, Rutherford stated that she has no objection to overnight visits for Hermes with his dad, as long as their was a schedule in place. She told the court that she is currently weaning Hermes from breastfeeding. Rutherford also said that Gossip Girl is her only source of income and she needed this job to pay her bills, and that Daniel has never offered any type of support. Rutherford also said Hermes has never been away from her for one night.

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Giersch also took the stand and said that he was Hermes primary caretaker, and that if Hermes did go to New York City, it would be detrimental to him because of "the noise, and its not safe. As a father you know when your child is in fear."

Giersch did testify that he took multiple trips out of the country in 2008, primarily to Germany without Kelly or Hermes.

As for the rumors of Kelly being written off the show if the custody situation wasn't resolved, "The show has been very supportive and so have the producers. I believe those rumors are false." Kelly told RadarOnline.com after court.

Rutherford will be back on the stand again Friday morning and RadarOnline.com will be in the courtroom. The judge is expected to make a ruling about the custody issue tomorrow after final arguments by both lawyers.

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