The "Gossip Girl" matriarch filed for divorce in December 2008. The couple has two children together -- one of whom was born less than two months ago.
Rutherford and Giersch had a heated battle over custody that nearly kept Rutherford from filming scenes for "Gossip Girl."
Settlement documents have been filed with the court. Under the terms, both Kelly and Daniel will temporarily relocate from California to New York while she films "Gossip Girl" -- from July 30 through April 5. She'll live in NYC and he'll live in the Hamptons. Neither party can travel outside of New York or California without the agreement of the other.
The docs say both parents will attend co-parenting counseling sessions.
They will share joint legal and physical custody of the two kids.