Kelly Rutherford Beams As Judge Sides With Her In Court Today

Kelly Rutherford will be allowed to take her son Hermes, 2, to New York until the end of March, a judge in Los Angeles ruled Friday.

Judge Michael Levanas stated that to leave Hermes in L.A. with Rutherford's estranged husband, Daniel Giersch, would be removing the child from his mother "cold turkey," which could be detrimental to the boy.

In making his ruling, the judge stated that he had to consider "the plan least likely to cause trauma to [Hermes]." If Rutherford went to New York without her son, "the minor would have his first multiple nights away [from his mom]," said judge Levanas.

But the judge had praise for both Rutherford, 40, and Giersch, 34. "I can't find fault with either of you." He complimented Giersch, saying, "I applaud you [for your efforts in this case]. I want you to see [Hermes] every single day" in New York.

Both parties, who remained composed throughout the hearing, are still in court, as their lawyers continue to hammer out final arrangements.

Rutherford's lawyer previously stated that the actress planned to leave for New York on Sunday due to work obligations.
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