Judge Orders Kelly Rutherford to Testify in Court

Kelly Rutherford and her estranged husband Daniel Giersch will be back in a Santa Monica courtroom tomorrow for the second day in the ongoing custody battle over their 2-year-old son Hermes.

The ex-couple spent less than an hour before a judge on Wednesday, with Kelly's attorney arguing that the Gossip Girl star should be allowed to take Hermes to New York with her while she films her hit show.

Giersch's attorney wants the toddler to stay in L.A. with his dad. Judge Michael I. Levanas ordered both Rutherford and Giersch back to court tomorrow explaining that he wants to hear from the parents themselves.

"We'll see how this goes tomorrow," Giersch's attorney Fahi Takesh tells OK!

An eyewitness tells OK!, "Kelly arrived at court today in jeans, with her hair pulled back and little to no make-up. She looked like she had rolled out of bed."

Daniel, by contrast was in a black suit and tie. "It was a very noctieable contrast," the source told OK!.