Kelly Rutherford: Just Looking Out for Son's Safety

Actress and hubby stop to talk to E! News on their way into court to address custody issues

By Natalie Finn, Claudia Rosenbaum May 22, 2009 8:30 PMTags

According to Kelly Rutherford, she didn't take her ex to court again as part of any big plot against him.

On her way into a Santa Monica court this morning for a follow-up hearing to address custody issues, the very pregnant Gossip Girl actress told E! News that she asked a judge to intervene because her estranged husband hadn't complied when she asked him to secure his swimming pool when their toddler son was around.

"I went over there and the pool was uncovered, and I asked him to cover it 'cause it was a concern, and he just ignored it," Rutherford said. "So I just wanted to make sure my son was OK, to be honest...I can't sleep at night if I'm up thinking about that."

She only kept 2-year-old Hermes away from his dad Daniel Giersch's house "for a few days," she added.

Meanwhile, the German-born Giersch told E! that finding out his wife had arranged for surveillance video to be shot of his pool area was a bit of a culture shock.

"How would you feel if there were a remote camera on your property, people were watching whatever you do, going to the restroom or anything else. It's a new feeling," he said. "I've never experienced anything like this before."