Gossip Girl and former soap-vet Kelly Rutherford left the Santa Monica Superior Court today victorious after winning custody of 2 year old son, Hermes. She is four months pregnant with her estranged husband David Giersch‘s baby and the two had been a bitter battle over Hermes’ care while Rutherford films the hit show in NYC.

Adding to the way-past-acrimonious custody battle are Rutherford’s new allegations that the 34-year-old Giersch, who is not a U.S. citizen, “has a history during our marriage of getting angry with me and leaving without telling me where he is going.”

Giersch said, “[She] has tried to hit me with an open fist when she’s had an angry outburst. On July 6, she threw a laptop computer at me while we were in Hamburg. She smashed the computer on the table and it broke.”

“I have been extremely concerned about our son living in a hotel and a New York lifestyle, and this has been one of the main reasons, if not the reason for the ending of [Rutherford's] and my marriage.”

He also claims that it is him, not her, who acts as Hermes’ primary caretaker. “[Rutherford's] routine is that she has weekly hair appointments for at least two hours, manicures, pedicures, shopping and the like. She has been able to do all of that because I have been taking care of Hermes, and am happy to continue doing so, as it would be best for him.”

Predictably, the judge put Hermes into his mother’s care in Manhattan where she will be filming until March. Giersch was awarded two overnight visits per week during February and three per week for March. It was also decided Hermes will split time between the two parents while a long-term custody agreement can be arranged.

[images: WENN]

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