MCLellan's former partner, actor J.P. Gillain, filed for divorce in 2012 and they have since been at odds over care of their two-year-old son, Sebastian.

Gillain claims it is unfair that he has to travel from Los Angeles to New Orleans, Louisiana to visit the boy while MCLellan is filming the NCIS spin-off in the city, and suggests the youngster is cared for by nannies when his mother is working.

The custody case has gone back to court and Bakula issued a declaration defending his co-star to the judge, saying, "Her life is and has been, about one thing and one thing only: being Sebastian's Mommy... I have witnessed that every fibre of her being goes into providing a safe, nurturing, creative world for her son to grow up in... Zoe has a huge heart and in my opinion, she is handling this tumultuous time of her life with great care, consideration and class."

The former couple settled the dispute and will continue with the joint custody agreement, according to