Divorce Battle Heats Up for "Gossip Girl" Mom

The divorce battle between Gossip Girl mom Kelly Rutherford and Daniel Giersch heats up as they fight for custody of their 2-year-old son, Hermes.

According to People magazine, Rutherford has called the police twice on Giersch because he has threatened her on two different occasions to "teach [her] a lesson." Rutherford says she is "intimidated" by him because he is an avid boxer and kick boxer.

People reports that in response to her claims, Giersch released a statement through his lawyer stating that he doesn't want to comment on Rutherford's claims "because all of the accusations from Kelly are false and are intended to damage" his reputation. In the statement, he also claims to look after the child's best interest.

Contrary to Rutherford's claims, Giersch says that Rutherford's working conditions do not permit her to take appropriate care of their child and that she is the one with the anger issues, not he, further claiming that he has always been Hermes's primary caretaker.

On the other side, RadarOnline.com reports that Rutherford says that she has always been the primary caretaker of Hermes. She is "still nursing" him, and takes care of his diaper changes, feedings, and dressing him.

The couple is due in court tomorrow in Santa Monica, Calif., where Rutherford is seeking to ban Giersch from traveling with Hermes outside the U.S., and permission to take her child to New York with her until the filming of Gossip Girl wraps up in March.

Rutherford is four months pregnant with their second child.