Actress Kelly Rutherford, who plays Lily van der Woodsen on TV’s Gossip Girl, and her husband, German businessman Daniel Giersch, were in a Santa Monica, California court this morning arguing over their two year old son, Hermes.

Rutherford filed for divorce just after the holidays, on the same day that Giersch filed for legal separation. Shortly thereafter, the former couple filed competing pleadings in court regarding whether or not Rutherford could take Hermes with her to New York when filming on Gossip Girl resumes at the end of January.

Giersch claims that the show’s filming schedule is too stressful for Rutherford to adequately parent Hermes and objects to having him live in a New York City hotel for several months. He also claims that she is unstable and explosive, once throwing a laptop computer at him. Rutherford, who is currently pregnant with the couple’s second child, claims Giersch is the violent one. She claims that she is “intimidated by him” and has had to call the police on him twice. She reportedly is scared that Giersch will take Hermes to Germany without her consent.

Rutherford is represented by experienced Hollywood divorce lawyer, Lance Spiegel. Spiegel has previously represented Russell Simmons, Heather Locklear, Charlie Sheen and Michael Jackson.

Spiegel argued to the judge that the bicoastal commute is exactly the same schedule that the family has been following for the last year and a half. He also informed the court that Hermes “has never once spent a night away from his mother.”

Fahi Takesh Hallin, the attorney for Giersch, argued that it makes no sense to have the child cared for by a nanny while Rutherford works. Hallin claims that Giersch has always been Hermes’ primary caretaker. Hallin practices with the Harris Ginsberg firm in Los Angeles. Larry Ginsberg of that firm previously represented Pamela Anderson in the annulment of her marriage to Rick Salomon as well as Jack Ryan (former Illinois businessman and politician) in his divorce from actress Jeri Ryan.

The hearing is scheduled to be continued tomorrow.