Kelly Rutherford

VAH/Fame Pictures

Lily van der Woodsen may have won custody of Chuck Bass on last night's episode of Gossip Girl, but Kelly Rutherford's own custody battle keeps getting more and more heated.

The 40-year-old actress filed for divorce from her husband of two years, Daniel Giersch, on Jan. 3. One week later, she filed emergency papers to have him banned from leaving the country for fear that he might disappear with their 2-year-old son, Hermès Gustaf Giersch.

The estranged hubby, 34, who is not a U.S. citizen, filed his own documents claiming he is the primary caregiver and accusing the star of a "bad and physical temper" and throwing a laptop at him.

Now, Rutherford, who is four months pregnant with their second child, is fighting back at such accusations, claiming she's called the police on Giersch twice.

In one instance, Giersch, described as an avid boxer, said that he was “going to teach [me] a lesson,” Rutherford says in court documents (see them here and here). Both times, the police responded and asked Giersch to leave.

The actress states that she was in New York with their son when her husband left and canceled her and her son’s plane ticket back to Los Angeles for the holidays.

Rutherford claims Hermès, "who is still nursing," has never spent the night without her. “We co-sleep,” she says in the court docs, adding that the boy has never spent an overnight alone with his father.

Rutherford claims it is her—not Giersch—who acts as the primary caregiver for their son. She urges the court to make temporary orders for the care of their son. If the court allows Giersch overnight visits with Hermes, she asks that their nanny be ordered to accompany him.

A judge initially denied Rutherford's motion to travel with her son to New York for work. A hearing on the matter is scheduled for tomorrow.

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