A judge has officially ruled that Kelly Rutherford, who is going through a nasty divorce battle, can take her son to New York while she films Gossip Girl.

Rutherford is due back to work on January 27, and had said that she was prepared to stay in L.A. with son Hermes, 2, no matter the consequences she might face as a result, if she was not permitted to go to New York with him.

These developments led to speculation that her character, Lily van der Woodsen, may have to be written off Gossip Girl, but all seems well for now.

But the judge ruled Rutherford can leave as planned on Sunday and that Kelly's estranged husband, Daniel Giersch, is free to travel there as well. Giersch argued that he needed to stay in L.A. to conduct business, but the judge was not having it.

Kelly Rutherford filed for divorce from Giersch, an entrepreneur, on December 30. The Gossip Girl actress is also four months pregnant with the couple's second child.

Giersch was awarded two overnight visits per week for the month of February and three per week for March. All three need to be in L.A. for a minimum of four days.

Hermes will be alternating time between the two parents in both cities while they try to hammer out a long-term custody arrangement that suits all parties.

Steve Marsi is the Managing Editor of TV Fanatic. Follow him on Google+ or email him here.