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EXCLUSIVE: Kelly Rutherford Granted Deposition With Ex-Hubby

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Sep. 22 2010, Updated 9:24 a.m. ET

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Gossip Girl actress Kelly Rutherford was granted a deposition with her ex-husband Daniel Giersch on Wednesday to discuss their ongoing child custody dispute.

The deposition was granted by Judge Teresa Beaudet at the request of Rutherford’s attorney and RadarOnline.com has learned exclusively that it will be strictly limited to child custody and visitation, not the issue surrounding Giersch’s visa status.

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Despite Rutherford’s lawyer’s attempts to depose Giersch, a German businessman, for a second time about his visa, Giersch’s attorney argues that he lawfully remains in the United States on a visa that is valid until April 30, 2012.

The judge ruled in favor of Giersch, noting that the risk of him being deported and taking the children to Germany was “very low.”

Rutherford currently lives in New York City with their two children where she films Gossip Girl and per their temporary child custody agreement, Giersch is residing there as well for the time being.

VIDEO: Kelly Rutherford Media Circus

Rutherford was ordered to pay all of Giersch and his attorney’s travel fees for the deposition, as it is unclear yet whether it will take place in Los Angeles or New York City.

The former couple’s temporary custody agreement is scheduled to reach a permanent status during trial in October, 2010.

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