Unfortunately, it looks like the divorce between Gossip Girl star Kelly Rutherford – who is four months pregnant – and her estranged husband, entrepreneur David Giersch, is not going to be an amicable one. Both parties have filed for sole legal custody of their 2-year-old son Hermes, and allegations of anger issues are flying from both sides.
In court papers, Rutherford has asked that she recieve full custody of Hermes, with monitored visitation for David, as well as permission to travel to New York with Hermes for work. She also filed emergency papers seeking to bar David from leaving the country with Hermes, fearing that he will disappear with their son.
“I feel there is some risk that he will leave the country with Hermes and I will not know where they are,” Rutherford said in a declaration, adding that during their marriage, he told her of a pending investigation in his native Germany that could lead to his arrest. She also stated that David has a bad temper, saying he “has a history during our marriage of getting angry with me and leaving, without telling me where he is going.”
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Giersch countered with allegations that Kelly is the one with the temper, and that she once threw a laptop at him. She “has tried to hit me with an open fist when she’s had an angry outburst. On July 6, she threw a laptop computer at me while we were in Hamburg. She smashed the computer on the table and it broke.”
He also pointed out that he has been Hermes’ main caretaker in L.A., and that Kelly’s commitments to Gossip Girl and her bicoastal commute were a reason why their marriage failed.
“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,” Giersch said. “(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.”
A judge has denied Kelly’s request regarding travel with Hermes, but set a court date of Jan. 21 to further hear the matter.
Through his lawyer, Fahi Takesh Hallin, David told PEOPLE, “Ultimately I want both of my children to have a stable environment.” A lawyer for Kelly had no comment.