Divorced

Kelly Rutherford's Ex Complains Gossip Girl Work Is 'Grueling'

01/14/2009 at 07:25 AM EST

Kelly Rutherford's Ex Complains Gossip Girl Work Is 'Grueling'
Kelly Rutherford, Daniel Giersch and son Hermes in 2008
Michael Williams/Startraks
Kelly Rutherford's estranged husband says that the actress's often 20-hour workdays filming Gossip Girl take a toll on their 2-year-old son, Hermes, according to court documents obtained by PEOPLE.

"The filming lifestyle in New York is very hectic and stressful from what I have personally witnessed," Daniel Giersch said in a Jan. 9 court filing.

According to his papers, "Often times the TV show calls pressuring [her] to leave the hotels, asking her where she is, telling her that she is late and asking her to get into the van [which takes her to the set immediately]. Usually [her] stress causes Hermes to start crying which then causes [her] to be frustrated toward him. I do not believe this is a healthy lifestyle for him."

The former couple, currently sharing custody of Hermes while living in Los Angeles, have previously stayed in hotels whenever shooting for the show in New York. Giersch says Rutherford has refused to rent an apartment there, despite looking at "approximately 25 apartments with six different real estate agents."

'Waves of Anger'

He added: "[Rutherford] 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." He describes her routine as "grueling."

"She does not even know her schedule from day to day," he said. "In the evening, she may not know if the following morning she needs to wake up at 5 a.m. or 9 a.m., depending on her call time for that particular day."

Giersch added that the actress, who is four months pregnant, "has insisted to sign a new ongoing contract for her television show when, in fact, it would be in our children's best interest if they are able to grow and thrive in a stable home in Los Angeles, rather than a hotel in New York with their mother absent."

Travel Bans

On Dec. 30, Rutherford, 40, filed for divorce from the German entrepreneur, 34. He filed for legal separation the same day.

The pair are fighting over the welfare of Hermes, and their lawyers are due in a Santa Monica, Calif., court Jan. 21. Rutherford is seeking to ban Giersch from traveling outside the U.S. with Hermes as well as seeking permission to take the child with her to New York until March, when the current season completes filming.

The actress's lawyer declined to comment, while Giersch stated through his lawyer Fahi Takesh Hallin: "Ultimately I want both of my children to have a stable environment."

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