In emergency papers filed Jan. 9, Kelly sought to bar Giersch from traveling outside the United States with their son Hermes for fear they'd disappear."I feel there is some risk that he will leave the country with Hermes and I will not know where they are," the actress said in a declaration, adding that during their marriage, he spoke of a pending investigation in his native Germany that could lead to his arrest.
Kelly also asked the court to allow her to travel to New York for work with their son. In his own filing in L.A. Superior Court, Giersch said that he served as Hermes' caretaker at their home in Los Angeles while Kelly commuted to the set of Gossip Girl in New York and her work schedule is why their marriage didn't work out.
He also stated that the actress has a bad temper and once threw a laptop at him and spends too much time at weekly beauty appointments.
Kelly is seeking sole physical custody with monitored visitation; Giersch wants sole legal and physical custody with visitation for her.
A judge denied Kelly's request regarding travel with Hermes, but set a court date of Jan. 21 to further hear the matter. The couple married in 2006. Their second child is due in June.
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