Gossip Girl’s Kelly Rutherford filed emergency papers last week, trying to keep her soon-to-be ex husband, Daniel Giersch from leaving the country with their son Hermes. She says in the papers that she’s afraid he’ll disappear with her kid. She’s also asking for permission to take her son (who lives in LA right now), to NY where she films Gossip Girl. But what if she disappears with the kid?

Daniel has hit back, claiming that Kelly spends a lot of her time in NY filming her show while he takes care of Hermes. He says when she is around, she’s often getting beauty treatments. Daniel also claims that Kelly once threw a laptop at him when she was angry.

The ex couple, who are expecting their second baby in June, both want sole custody of the kid, and are prepped for battle.