RUTHERFORD CUSTODY BATTLE GETS MESSY

Last updated: Tuesday, January 13, 2009

RUTHERFORD CUSTODY BATTLE GETS MESSY

GOSSIP GIRL star KELLY RUTHERFORD fears her estranged husband will vanish with their son after she filed divorce papers last month (Dec08).

Kelly Rutherford and son Hermes at H&M Introduces the 'Comme Des Garcons Collection' at Espace - Outside arrivals. New York City, USA - 23.10.08

The star is seeking to bar David Giersch from leaving America with their two-year-old son, Hermes.

Meanwhile, Rutherford's estranged husband has filed papers in Los Angeles alleging the actress, who is pregnant with the couple's second child, once threw a laptop computer at him in a rage.

Both parties are seeking sole physical custody of their son with monitored visitation.

Filing emergency papers at the end of last week (09Jan09), the actress asked court officials to bar Giersch from travelling outside the United States with their son.

In a declaration, she said, "I feel there is some risk that he will leave the country with Hermes and I will not know where they are."

She went on to detail a pending investigation in Giersch's native Germany that could demand his attention overseas, according to People.com.

Rutherford has also asked the court to allow her to travel to New York for work with her son.

But Giersch insists he has been a good dad, and that Rutherford's commitments to Gossip Girl were a reason behind their marriage split.

He declared, "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.

"(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."

Giersch went on to claim his estranged wife has a terrible temper, explaining, "(She) has tried to hit me with an open fist when she's had an angry outburst. On July 6 (08), she threw a laptop computer at me while we were in Hamburg. She smashed the computer on the table and it broke."

A judge has denied Rutherford's request to ban her husband from travelling overseas with the couple's son.

A hearing has been set for 21 January (09).

Source: WENN

| Tuesday, January 13, 2009

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RUTHERFORD CUSTODY BATTLE GETS MESSY

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