"I hope me and Kelly will find a way to make the best out of this situation," Daniel Giersch tells PEOPLE

By Ken Lee
Updated January 23, 2009 05:10 PM
Michael Williams/Startraks

Despite intense mudslinging and low blows on both sides of their three-week custody dispute, Kelly Rutherford and her estranged husband Daniel Giersch hope to stay on good terms.

“I hope so, yes, I really do,” Rutherford, 40, told reporters Friday when asked if she would remain cordial with the German entrepreneur. “We’re both going to be with our son. I’m relieved we’re going to have a [custody] schedule in place.”

A Los Angeles court ruled Friday that the pregnant Gossip Girl star would be allowed to take their son, Hermes, 2, to New York, where the show is filmed, until the end of March. Giersch had strongly objected, saying his home in L.A. would offer a more stable environment.

Outside the courthouse on Friday Giersch, 34, said: “I’m disappointed by today’s decision because it exposes our son for the next three months to a constantly crazy lifestyle. But we have to live with that decision and make the best out of it.”

He added: “I hope me and Kelly will find a way to make the best out of this situation. My wife is still my wife and I’m still her husband and we’re still two human beings. She’s pregnant and we’re having a child together.”

Regarding custody of Hermes after March as well as over their unborn daughter, Giersch replied: “It’ll be somewhere in the middle, and I’m sure we’re going to figure it out.”

A court document released Friday shows that Giersch, who previously never spent a night alone with Hermes, will be granted overnight privileges while in New York. The judge also ordered that both parents visit L.A. once in February and March.

Rutherford, who is due back in New York on Monday, added: “I’m very excited to get back to work.”

Giersch also plans to be in the city to care for their son while Rutherford is tied up with Gossip Girl commitments.

The couple face another hearing on April 6.