G.G.'s Kelly Rutherford's Custody Kibosh on Pool, Potty-Training

Gossip Girl mom goes to court to make requests regarding her son's safety when under her ex-husband's watchful eye

By Ashley Fultz, Breanne L. Heldman May 20, 2009 7:41 PMTags
Gossip Girl, Kelly RutherfordGiovanni Rufino / The CW

Gossip Girl mom Kelly Rutherford is making some new demands in her nasty custody battle with her estranged hubby.

The actress was back in a Santa Monica courtroom Tuesday to ask the judge for a few modifications pertaining to how 2-year-old son Hermes is cared for while being tended to by her soon-to-be-ex-mister, Daniel Giersch.

Specifically, no pool and no potties.

Rutherford and her attorney requested that the judge ensure Hermes not be allowed at Giersch's home until the pool and play area are properly secured, as she is concerned for the tot's safety.

She also asked that Giersch stop potty-training their son, but no reason was given.

According to court documents, Rutherford requested changes to the visitation days, which were denied by the judge.

The lawman also ruled that Giersch's pool "be covered at all times unless [he] is in the immediate area of the pool."

The ruling came after Rutherford hire a private investigator to shoot clandestine video of the pool area, according to People.

The couple was married in 2006 and Rutherford, who is eight months pregnant with Giersch's child, filed for divorce earlier this year.

The feuding formers are due back in court Friday to show cause in this matter.

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