Kelly Rutherford
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September 25, 2009
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TMZ obtained the legal filing, which state that Giersh "has begun to follow me, my mother and my nanny and he shows up unexpectedly to threaten and scare us."
Rutherford also claims that Giersch's behavior has affected her breast milk production. She says, "From time to time I have some extra milk, but I never know when...I believe that the stress Daniel has created for me is also negatively impacting my ability to produce milk.”
Giersch's lawyer says that the claims are "fabricated accusations," and that "Daniel will remain focused on co-parenting both of their children and not make any personal comments in order to continue to protect the children's need for privacy and well being."
We don’t know who to believe! This divorce is messy! For more on Kelly and Daniel’s legal trouble, check out Popeater.
August 4, 2009
Image by wenn.com
Kelly is currently in New York shooting Gossip Girl, so Giersch will temporarily move from California to be closer to his children. From July 30th – April 5th, she’ll live in New York City, while he’ll live in the Hamptons.
According to TMZ, neither party can travel outside of New York or California without the agreement of the other.
Both Kelly and Daniel will also attend co-parenting counseling lessons. Based on their recent relationship, we can’t imagine those sessions going very smoothly!
But at least the two children will be able to grow up being around both of their parents.
Image by wenn.com
Kelly is apparently worried that her estranged hubby might leave the country and move to Germany with the couple's two children, Hermes and Helena, so she's requested that he turn in his Visa to her lawyers within a week, reports TMZ.
Apparently Daniel was planning on leaving the country and taking the kids with him, right smack in the middle of their custody battle. That's a big no-no with Kelly and her lawyers!
We're glad Kelly caught on in time before he left the country with her kids. She's about to give birth to the third child as well, so this custody battle is only going to get nastier.
June 9, 2009
Kelly had her second chld via natural childbirth, reports Radar.
Chances are the baby daddy, Daniel Giersch, was not present while Kelly was giving birth because the two are currently involved in a pretty dirty custody battle.
Kelly filed for divorce late last year stating "irreconcilable differences." She was about 3 months pregnant at the time.
Was it possibly her hormones that caused her to file for divorce?
Image by wenn.com
The two are in a nasty child custody battle, and despite saying they would try to settle things amicably, things have taken a turn for the worse.
The Gossip Girl star hired a private investigator to check up on her estranged husband last week, who conducted video surveillance of him. She’s become angry that Giersch doesn’t cover the pool at his LA home, saying it’s a threat to her 2-year-old son Hermes.
According to court documents, Kelly claims, "Hermes is very young, very active, not water safe and in a moment's notice, could fall into the swimming pool.”
Giersch fired back his own claim, saying, "Hermes is not in any danger whatsoever with regard to my pool because I have the pool fully covered with an automatic pool cover. Hermes has no access to the pool area unless I take him to the pool myself."
Since the investigation, a court order has been filed to have Giersch keep his pool covered at all times when Hermes is with him. A hearing will take place on Friday to discuss yet another asinine issue: whether or not it’s too stressful to potty train Hermes while his parents are going through such a nasty divorce.
At this rate, this battle will never end! Imagine the two of them fighting over the real stuff, like money?! We wouldn’t want to be a judge in that court!
January 23, 2009
Image by Splash News
Kelly, who is pregnant with the couple’s second child, had intended to bring her son with her from the very beginning, saying that Hermes had never spent a night away from his mother. She is forced to return to New York in order to finish shooting this season’s episodes of Gossip Girl.
Kelly’s estranged husband Daniel Geirsch was opposed to the idea, saying it would be in poor taste for Hermes to be exposed to a brand new environment for several months.
But in the end, Judge Michael Levanas stated that leaving Hermes with Geirsch in Los Angeles and removing the child from his mother “cold turkey” would, in fact, be more harmful.
Levanas also ruled that when Kelly is not working, they will share time with Hermes. Rutherford will be required to come to Los Angeles once in February and once in March. While in LA they will alternate days. Daniel agreed to travel to NY as well to see his son, and the judge allowed him one overnight in January, two in February, and three in March.
As of now, both Kelly and Daniel are still present in court, which is still in session. More details to come, but congratulations to Kelly. We think this was a smart decision on the judge’s part.
January 21, 2009
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Kelly and Daniel attended a hearing on Wednesday in Santa Monica, and now have to go back tomorrow to see if Kelly is allowed to take Hermes with her to New York to shoot Gossip Girl.
Kelly intends to take him there for several months to finish out the season. Giersch objects to this decision, saying Kelly’s work is “very hectic and stressful.”
Yeah, getting your hair and makeup done while spitting out silly lines sure is stressful! Not sure we agree with him on that one. Hermes would probably just hang out with his nanny in a comfortable trailer all day!
Rutherford's lawyer, Lance Spiegel, argued in court that she "would suffer harm because of contractual obligations" if she doesn't show up in New York for work.
He also said that Hermes was already so used to travel back and forth to NY already, and hasn’t ever spent a night away from his mom.
Custody battles are so sad. It doesn’t seem like Giersch has his son’s best interest at heart. He seems like he just wants to make Kelly’s life harder. If he wants to be with his son so badly, then he should move to New York!
January 14, 2009
Image by wenn.com
Her husband of 2 ½ years, Daniel Giersch, is fighting to have sole custody of their son Hermes claiming that he should live in Los Angeles with him because he will be neglected in NY while Kelly is off shooting Gossip Girl.
Momlogic has the run down of the claims these two are making about each other:
Giersch claims:
- Kelly is typically very stressed out while living at the hotel, given that it is not a family orientated way to live ... [She] goes through waves of frustration and anger given the very stressful life she has at work and having to work as much as 20 hours per day.
- Kelly's tried to hit him and has even attempted to throw a laptop on him while on a trip in Hamburg. She then smashed the computer on the table and it broke. She then shouted and screamed horrible names at him and Hermes started crying.
- Every week, Kelly loves getting her manis and pedis with a two-hour hair appointment followed by shopping sprees. Due to her other interests and work, she only spends 10% of her time with her son.
- Kelly spends so little time with Hermes that recently she didn't even know how to fold and unfold his stroller.
- Kelly doesn't know how to put her son to sleep and breastfeeds him to sleep instead. Giersch claims that he has no problems putting Hermes to sleep when she's not around.
Kelly claims:
- While they were married, Giersch told her that there was an "investigation by the German government," and that he could potentially be arrested in Germany.
- While they were married Daniel would leave the country every three months because he is here on a temporary visa. Sometimes, she claims, he was gone for so long she didn't know where he actually was.
- She is fearful the Giersch will leave the country with Hermes and she won't know where they are.
- When Hermes was an infant and she was breastfeeding, Giersch said things to her like, "I can't wait until we don't need you."
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