Kelly Rutherford, star of Gossip Girl, seeking a divorce from estranged husband David Giersch has become embroiled in a fight for the custody of their two-year-old son Hermes.

Rutherford made a request to LA Superior Court to prohibit Giersch from flying with their son as she fears the entrepreneur will flee the country and disappear.

On the same day Rutherford filed for the documents, the judge denied Rutherford's emergency request to take Hermes across state lines and will address the issue in court on January 21.

Giersch states that Rutherford tried to hit him with an open fist and she threw a laptop at him that hit the table and broke while the family was in Hamburg, Germany.

The couple filed for divorce last moth after being married a little over two years.