Rutherford Divorce No Longer Amicable
In an emergency filing on January 9, Kelly Rutherford of Gossip Girl claims she is afraid her husband, German entrepreneur David Giersch, will take their son and disappear. According to People, the actress wants the court to prevent Giersch from leaving the United States.
“I feel there is some risk that he will leave the country with Hermes (their son) 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, according to People. Rutherford also claimed Giersch has a bad temper.
Giersch countered, filing papers claiming Rutherford has a bad temper and has frequently thrown objects at him (well, she is four months pregnant). He also claims her busy schedule and cross-country commute interferes with Rutherford parenting responsibilities, causing Giersch to be the major caregiver in the marriage.
The judge denied Rutherford’s request regarding travel with Hermes, but set a court date of Jan. 21 to hear arguments on the matter. In Georgia, when a divorce is filed an automatic standing order issues which prevents a parent from traveling outside of the state with the parties minor children. Parents can agree to the other parent taking the kids out of state during a divorce, but obviously that will occur only if the nontraveling parent is comfortable with the situation. Much like the husband in this case, a parent who wants to travel with the parties children can ask the court to review the situation.