Kelly Rutherford, who plays Lily van der Woodsen on Gossip Girl , has filed emergency papers with the Los Angeles Superior Court to ban her estranged husband David Giersch from leaving the country, People reports . Rutherford claims she fears Giersch, who hails from Germany, will take their two-year-old Hermes out of the country.
In the emergency motion posted by E !, Rutherford states that “I feel there is some risk that he will leave the country with Hermes and I will not know where they are.” Rutherford also claims that Giersch “has a history during our marriage of getting angry with me and leaving without telling me where he is going.”
Giersch filed a counter report in which he claims Rutherford “tried to hit me with an open fist” and “threw a laptop computer at me while we were in Hamburg.” He says that he acts as Hermes’ primary caregiver, and Rutherford (who is pregnant with their second kid) has a routine that includes “has weekly hair appointments for at least two hours, manicures, pedicures, shopping and the like.”
A hearing has been scheduled for January 21st, with a judge recently denying Rutherford’s recent request to take Hermes on a work trip.
Giersch told People through his attorney that “Ultimately I want both of my children to have a stable environment.”
