The divorce of Gossip Girl‘s Kelly Rutherford is becoming more adversarial — particularly regarding parenting issues. The 40-year-old actor has been disputing with her estranged husband in court, claiming that he’s careless with the couple’s two-year-old son.
People reported on May 20 that Rutherford, also known for her role on the 1990s series Melrose Place, is concerned with the way soon-to-be ex Daniel Giersch leaves his swimming pool uncovered when their son, Hermes, is visiting Giersch’s home in Los Angeles. “Hermes is very young, very active, [and] not water safe,” Rutherford wrote in court documents, “and in a moment’s notice could fall into the swimming pool.”
Giersch, a German businessman, responded in his own court filing: “I have the pool fully covered with an automatic pool cover. Hermes has no access to the pool area unless I take him to the pool myself.
“Hermes is not in any danger whatsoever with regard to my pool,” Giersch, 35, stated.
Unconvinced, Rutherford even resorted to hiring a private investigator, who conducted video surveillance on Giersch’s home for three days. The detective found that Giersch had left the pool uncovered for the entire time but witnessed no accidents. Nonetheless, a judge ordered Giersch on May 19 to cover his pool constantly except for when he is nearby.
On May 22, Rutherford and Giersch came to an agreement about Hermes’ toilet-training; the boy will wear a pull-up diaper and begin learning how to use the potty when he is ready. Rutherford claimed that Hermes began to act strangely when Giersch attempted to toilet-train him.
“He was coming home saying things. I was starting to see definite changes in him. One person can’t make that decision,” Rutherford told Us magazine after the most recent court hearing. She added that she doesn’t think she can have any kind of amicable relationship with Giersch: “I don’t see it. I have tried everything. I have tried mediation. It is too bad for our son.”
Rutherford is currently pregnant with the couple’s second child, which is due in less than three weeks. She filed for divorce from Giersch on December 30.
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