"Gossip Girl" Didn't Pamper Her Kid -- Allegedly

1/21/2009 6:49 PM PST

"Gossip Girl" Didn't Pamper Her Kid -- Allegedly

Here's how nasty the Kelly Rutherford/Daniel Giersch divorce has gotten -- they're bickering over who doesn't wipe their kid.

In legal papers filed today, Giersch claims he tried to potty train their son, Hermes, early on but Rutherford took his mini-toilet seat away and hid it and did not "encourage him to use the toilet."

Giersch adds, "I have witnessed that she does not always keep his bottom clean."

And there's more. Giersch says it is not "reasonable or appropriate for [Rutherford] to be breast feeding when he is nearly 2 1/2 years old."

As if to punctuate his point, Giersch says the kid is old enough to be fluent in German.