Fox News reported that Rutherford had filed an application in Santa Monica Branch of the Los Angeles Superior Court on January 9 to seek permission to take Hermes along with her to New York where she would be filming for the series. However, Giersch had immediately objected to the request saying it would be 'absolutely detrimental' to their child's well being.
He further alleged that his former celebrity wife was 'typically stressed out' due to her busy schedule and had also acted violently in the past in front of their child. Giersch's legal papers claimed that the star had previously threatened him with an open fist during an angry swipe and had also hurled a laptop at him, calling him 'terrible names' in the presence of little Hermes.
Rutherford has been denied her request to hop interstate with her son and the court is to take up the issue on January 21.