Kelly Rutherford’s Divorce Difficulties She’s stepping up her game in a dispute over her son - as Kelly Rutherford faces off with estranged husband, Daniel Giersch, in court. Recent reports say the “Gossip Girl” actress is concerned about her 2-year-old son’s safety and hired a private eye last week to conduct three days of video surveillance at Giersch’s home. Rutherford’s main worry is the swimming pool that her ex leaves uncovered, arguing that son, Hermes, “Is very young, very active, not water safe and in a moment’s notice, could fall into the swimming pool.”
According to the investigator’s reports, the video footage showed the pool was indeed uncovered over three days, but nothing egregious was witnessed and therefore, Giersch has been ordered to keep the pool covered at all times unless he is nearby. Meanwhile, Kelly is pregnant with the ex-couple’s second child, a girl, and is due to give birth in three weeks.