‘Gossip Girl’ Kelly Rutherford’s Custody Battle Continues With Restraining Order

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Kelly Rutherford keeps it classy in all black at the Ann Taylor See Now, Wear Now runway show at The New York Public Library in New York City on September 17, 2009
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Daniel Giersch, Kelly Rutherford and their son Hermes pose during The Easter Beagle Presents Canine Couture at Palm Beach Fashion Week
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Kelly Rutherford attends Modern Bride’s launch of ‘Project Bridesmaids’ to benefit Planet Hope at Hammerstein Ballroom on March 6, 2009
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Kelly Rutherford plays Lily van der Woodsen, Serena’s mom on ‘Gossip Girl’

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FIRST PUBLISHED: September 25, 2009 2:30 PM EDT
LAST UPDATED: September 25, 2009 3:47 PM EDT

LOS ANGELES, Calif. --

Kelly Rutherford and ex Daniel Giersch have fired the latest salvos in their nasty custody battle.

In a temporary restraining order granted on Thursday in Los Angeles Superior Court and obtained by Access Hollywood, the “Gossip Girl” star, who plays matriarch Lily van der Woodsen, alleged that her ex has harassed her, her mother and her nanny — and that “the stress Daniel has created for me is also negatively impacting my ability to produce [breast] milk” for her baby.

She also claimed that Daniel’s actions have interfered with her work on The CW show.

“Television production follows a very tight schedule and actors cannot show up late. Daniel caused problems at the set last year, as a result of which he is not allowed at my work,” she alleged.

And the former pair aren’t just fighting over their children. Kelly further alleged that Daniel, a German businessman, has failed to obtain a social security number or U.S. bank account “so that he can continue to hide his money in Europe, not pay taxes in this Country, and prevent me from knowing anything about his assets and income. It’s all a game that Daniel plays, and everyone else falls victim.”

In his own court filings, Daniel alleged his time with children Hermes, 2, and Helena, 3 months, was often cut short, and that Kelly was unresponsive to his “telephone calls, e-mails or texts,” and accused her of misrepresenting the time she spends with the children – alleging they’re left with nannies for “substantially more time” while working, attending promotion events for The CW show or fashion shows.

“In front of our son, Kelly and her mother have accused me of trying to take our children away from her, and that I am a mean and horrible and evil man,” he claimed, worrying about what she tells the children behind closed doors.

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