Retna Digital

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

check out photos of stars at court.

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

Today, 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 couples' second child, a girl -- said her kid began to "change" when his German businessman father tried to potty train him.

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"He was coming home saying things. I was starting to see definite changes in him," she told reporters outside court. "One person can't make that decision."

When asked if she and Giersch could have an amicable relationship, Rutherford said: "I don't see it.

"I have tried everything," she continued. "I have tried mediation. It is too bad for our son."

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Amir Pichvai, the court appointed child attorney for Hermes, said the parents need to work together to "avoid confusion to the child" on the potty-training issue.

Their next custody dates are set for July 23, 27 and 28.