Rutherford Custody Battle Gets Nasty.

Sometimes real life does emulate art, and in a scene that is not unlikely to turn up on an episode of her hit show Gossip Girl, things are getting intense for Kelly Rutherford.

The actress filed for divorce from husband David Giersch last month, and is now seeking an order to ban him fom leaving the country in fears that he’ll take their two-year-old son, Hermes, and flee back to his native land.

Both parents are seeking sole custody of little H, and Kelly is pregnant right now with the couples second child. Rutherford also asked the judge for permission ot take travel to New York with their son to film the show.

Giersch, who is native to Germany, cited the entire reason for the couples split as her long trips to New York from LA to film Gossip Girl. He claims,

“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.”

The judge dismissed her petition to ban Giersch from leaving the country.

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