It has all the makings of a killer scene from Gossip Girl—nasty accusations, objects allegedly thrown and a suddenly single pregnant woman. But for Kelly Rutherford, who plays Lily van der Woodsen on the series, the drama is all too real. In December Rutherford, 40, announced she and husband Daniel Giersch, 34, were expecting a girl due this June. One month later she filed for divorce.
Soon she and Giersch were locked in a bitter custody feud over their son Hermès, 2 (see box). While Rutherford said in court documents that she feared Giersch, a German native, was a flight risk, Giersch asked a Los Angeles judge to bar Rutherford from taking Hermès to New York City to film her show, arguing that her chaotic work schedule hurt their child. “If I am being asked to choose my career over my son, I choose my son,” Rutherford responded in court.
For now Rutherford doesn’t have to make that choice. On Jan. 23 the judge ruled that the actress could go to New York City with Hermès until Gossip Girl finishes shooting in March. Since Giersch is willing to care for their son there, while Rutherford works, the couple are staying civil—at least until court resumes in April. Giersch told PEOPLE, “Kelly loves Hermès, I love him, and we have to make sure everything’s right for our new baby.” Agrees a rep for Rutherford: “Right now Kelly is focusing on her family and trying to bring as much normalcy to their lives as possible.”