Kelly Rutherford is apparently worried that her ex, Daniel Giersch, might leave the country with the couple's two children, Hermes and Helena.

In their custody war, Rutherford and her estranged hubby have agreed he will ante up his visa and visa application to her lawyer within a week.

The documents don't say why this is happening, but the application itself is telling - it seems Giersch may have plans to leave the United States, smack in the middle of their ongoing fight over their two-year-old son and newborn daughter.

Kelly Rutherford, Daniel Giersch and Hermes in happier times.

Intriguing, to say the least, and given the lengths these two have gone to in their ugly, public feud so far, we would not put it past the guy to try that.

Daniel Giersch is from Germany.

Steve Marsi is the Managing Editor of TV Fanatic. Follow him on Google+ or email him here.