Kelly Rutherford & Hubby Duke it Out in Court

From her pregnant cupcake cravings to his eyebrow waxings, Kelly Rutherford and estranged husband Daniel Giersch left nothing out on Thursday when each arrived at a Santa Monica court to testify over the custody of their 2-year-old son, Hermes.

Rutherford and Giersch spent two hours before judge Michael I. Levanas, dueling it out over whether Rutherford should be able to take Hermes to New York with her when shooting resumes on her hit show Gossip Girl on Jan. 27.

Giersch told the judge, "Being in New York, it is very stressful for our son. Whenever we are in New York, we are going 24 hours a day. It is always--this car, that car there, paparazzi here, photo shoots there...I have always been opposed to staying in New York. It is not in Hermes' best interest."

Kelly, who yesterday arrived at court wearing jeans and a casual top, was decked out in conservative black slacks and a cashmere sweater when she took the stand on Thursday.

She told the court, "In previous statements Daniel has said that I was always off getting manicures and pedicures and whatnot. Well, he was doing the same thing, including getting his eyebrows waxed!"

Later, outside the courtroom, Kelly told OK!, "I want what's best for our son. I want what's best for the family. Being a mom now at 40 is a little tough but I'm doing well."

Rutherford is currently 4 months pregnant with Giersch's second child. When asked if she had any cravings, she confessed, "cupcakes" and "Chinese food."

The warring parties will be back before the judge tomorrow.