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Gossip Girl Star Kelly Rutherford Gets Hot

Jan. 20 2009, Published 6:25 a.m. ET

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Kelly Rutherford, aka Lily van der Woodsen on Gossip Girl, claims in explosive court papers obtained by RadarOnline.com that her husband is volatile and should not be around their 2 year-old son Hermés. Rutherford states in the court filing "there have been two instances when I have called the police because petitioner (Daniel Giersch) frightened me... Rutherford claims her husband kept threatening to take their child and that he even threatened during an argument that "he was going to teach (her) a lesson."

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Rutherford also claims "I am and always have been Hermes primary caretaker. I am still nursing Hermes. I feed him, bathe him, change his diaper and I dress him or set out his clothes for him every day."

The divorce was always nasty but this is a new level of antagonism. Daniel Giersch, her soon-to-be-ex, is a kickboxer; the 40 year-old actress says she is "intimidated" by him physically. He, on the other hand, says she can't give mothering her full attention because of her work schedule and he wants custody. Giersch also wants the judge to forbid the tot from going to New York where the show is filmed.

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The judge will consider this newest filing, along with the others, at tomorrow's hearing.

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