The judge in the Kelly Rutherford/Daniel Giersch custody battle ruled today that Kelly will be allowed to go back and forth from LA to NY with her son, Hermes for the next two months to shoot Gossip Girl. Daniel was arguing that the travel would be detrimental to Hermes’ well-being, but the judge cited the fact that Kelly had a contractual agreement to work in NY.

The judge also gave custody of the kid to Kelly, allowing Daniel only two overnight visits per week for the next month. Daniel will then be able to have Hermes for three nights per week in March. The couple will be back in court over the next two months to come to a long-term agreement.