Kelly Rutherford fears David Giersch will vanish with their son

Kelly Rutherford wants her estranged husband David Giersch banned from leaving the United States with their 2-year-old, PEOPLE reports

A month after filing for divorce citing irreconcilable differences, Rutherford filed papers seeking to bar Giersch from traveling outside the country with son Hermes. “I feel there is some risk that he will leave the country with Hermes and I will not know where they are,” Rutherford claims in the documents.

The actress also alleged that Giersch, 34, has “a history during our marriage of getting angry with me and leaving, without telling me where he is going.” She adds that he told her of a pending investigation in Germany that could lead to his arrest.

“I have been extremely concerned about our son living in a hotel and a New York lifestyle, and this has been one of the main reasons, if not the reason for the ending of (Rutherford's) and my marriage,” Giersch said. “(Rutherford's) routine is that she has weekly hair appointments for at least two hours, manicures, pedicures, shopping and the like. She has been able to do all of that because I have been taking care of Hermes, and am happy to continue doing so, as it would be best for him.”