‘Gossip Girl's' Kelly Rutherford Asks Judge For Permission To Take Son To NY

Pregnant and recently separated “Gossip Girl” star Kelly Rutherford has filed papers in a California court asking a judge to allow her to take her son, Hermes, to New York City with her for filming.

In a new filing as part of her divorce with second husband, Daniel Giersch, Rutherford addresses claims made by the German businessman in his own January 9 filing, and also said that his behavior has, at times, scared her.

VIEW THE PHOTOS: The Latest Star Sightings

Rutherford claims she has called the police on her husband twice, once in New York and once in Los Angeles, because she was “frightened” by Giersch. Rutherford also said in her declaration to the court that she once threw a laptop at her husband during a trip to Germany.

“[He] came at me and I ran. [Giersch] is an avid boxer and a kickboxer, and I am intimidated by him,” she said in her statement.

VIEW THE PHOTOS: XOXO! Hot Shots From ‘Gossip Girl’

Rutherford, who separated with her husband on December 18, and who filed for divorce days later, said her work schedule is not as stressful, as Giersch claimed in his January 9, 2009 court filing.

She said she works two to three days a week on “Gossip Girl,” but on some weeks not at all. Rutherford also claims to have turned down work opportunities to spend time with Hermes. She also said that due to a judge’s ruling at the start of the year, which stopped her from taking Hermes to New York for the filming of “Gossip Girl,” she did not return to work when she was supposed to because she believed “it would be detrimental to Hermes, who is still nursing, and who has never spent the night without me (we co-sleep), to leave him in Los Angeles,” her statement read.

The actress claims her husband has never spent a night alone with their child and that he has left her alone on two occasions where he did not tell her “where he was going with no notice that he was going to leave.”

VIEW THE PHOTOS: Top 10 Most Expensive Celebrity Divorces

Rutherford is asking a judge to issue temporary orders for the next three or four months regarding custody of the child.

She has also asked the court to request both parents meet with a child developmental specialist to help determine what is best for the child.

Related Content from AccessHollywood.com:
PLAY IT NOW: First Look: ‘Gossip Girl’ Season 2 - ‘You’ve Got Yale’ (Jan. 19, 2008)
PLAY IT NOW: First Look: ‘Gossip Girl’ Season 2 - ‘In The Realm Of The Basses’

MORE ACCESS ON THESE TOPICS: Divorces - Gossip Girl - Celebrities

Copyright NBCAH - Access Hollywood
Contact Us