Gossip Girl Real Life Drama

(Photo: Splash News Online) Can you say "getting uglier?"

Kelly Rutherford, a star of the CW's Gossip Girl, is worried that her soon-to-be-ex husband David Giersch will leave the country with their 2 year-old son.

"I feel there is some risk that he will leave the country with Hermes and I will not know where they are," Rutherford has stated.

Giersch -- a native of Germany -- countered with papers in Los Angeles Superior Court which claim the 40 year-old actress -- now 4 months pregnant with their second child -- has a violent temper and doesn't devote enough time to mothering.

"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 my marriage," Giersch says, quoted in People.

Her routine, he added, "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."

Rutherford filed for divorce from her 34 year-old entrepreneur hubby in December after 2 years of marriage and is asking for sole custody of their son.

Update: The judge in the case denied Rutherford's request to bar her husband from traveling overseas with her son.