Kelly Rutherford Child Battle Gets Ugly

Kelly Rutherford

Gossip Girl star and her estranged husband fight over their son.

Starpulse reports that the custody battle between Gossip Girl’s Kelly Rutherford (Lily Van der Woodsen Bass, for those who watch the show) and her estranged husband, David Giersch, is getting really ugly. Kelly has filed papers in court to prevent David from leaving the country with their child, son Hermes, 2. She states in a declaration, “I feel there is some risk that he will leave the country with Hermes and I will not know where they are.” Rutherford evidently goes on to explain the reason for her petition is a pending investigation in Giersch's native Germany that could demand that he travel overseas.

Giersch has countered with claims of his own, stating that Rutherford’s commitment to the vanity aspects of her role on Gossip Girl led to the split and why he should have more custody, claiming, “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. (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." He also claims that Rutherford once threw a laptop computer at him during an argument.

Custody battles are especially complicated and this one holds particular reverence because as they are filing for divorce, Rutherford is pregnant with the estranged couple’s second child. Since both Rutherford and Giersch have filed for sole physical custody with supervised visitation of their son, these decisions will inevitably have impact on the custody and visitation rights of each of them to their unborn child. A judge has denied Rutherford’s petition to ban Giersch from leaving the country with their son and a hearing has been set for January 21st.

A quick note here: unless you really, truly believe that your child is in danger, try to work out custody arrangements that allow your child to have access to both their parents. Whatever you feel toward your ex is one thing, but try not to drag your child into the mess. Your child will grow up knowing both their parents and having a healthy understanding of love and relationships rather than a one-sided opinion of what went down, which is exactly what will happen if custody battles get ugly.