Gossip Girl star Kelly Rutherford and her ex-husband Daniel Giersch continued their custody battle of two-and-a-half-year-old son Hermès at Los Angeles County Superior Court in Santa Monica last Friday, usmagazine.com reports.

The couple — who filed for divorce in January after two years of marriage — is also fighting over a litany of other parenting issues — including when Hermès, who is set to enter preschool this fall, will be potty trained. (Rutherford has also told Us she continues to breastfeed her son.)

Rutherford and Giersch agreed to have their son wear a pull-up diaper and begin potty training when he “desires.”

Rutherford — who is about eight-and-a-half months pregnant with the couple’s second child, a girl — said her kid began to “change” when his German businessman father tried to potty train him.

Amir Pichvai, the court-appointed child attorney for Hermès, said the parents need to work together to “avoid confusion to the child” on the potty training issue. Their next custody trial dates are set for late July.

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