The Gossip Girl star is due to give birth to her second child, a girl, in three weeks. But Kelly Rutherford, the expectant mom, walks tall and keeps a smile on her face as she arrives at a Los Angeles courthouse to continue her divorce battle with estranged husband Daniel Giersch.
Kelly Rutherford and her ex husband Daniel Giersch continued their custody battle of 2 ½ years old son, Hermés Gustaf Daniel, at Los Angeles County Superior Court in Santa Monica Friday.
The couple who filed for divorce in January after two years of marriage are also fighting over of other parenting issues, including when Hermes, who is set to enter preschool this fall, will be potty-trained. (Rutherford has also told Us she continues to breastfeed her son.)
Rutherford and Giersch agreed to have their son wear a pull-up diaper and begin potty training when he “desires.”
Rutherford said her kid began to “change” when his German businessman father tried to potty train him.
“He was coming home saying things. I was starting to see definite changes in him,” she told Usmagazine.com outside court. “One person can’t make that decision.”
When asked if she and Giersch could have an amicable relationship, Rutherford said: “I don’t see it.
“I have tried everything,” she continued. “I have tried mediation. It is too bad for our son.”
Amir Pichvai, the court appointed child attorney for Hermes, said the parents need to work together to “avoid confusion to the child” on the potty-training issue.
Rutherford also 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. “Hermés is very young, very active, not water safe and in a moment’s notice, could fall into the swimming pool,” Kelly claims.
“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.”
Video footage gathered over 3 days proved that the pool was definitely uncovered during that time, though nothing “egregious” was seen in the video. “Hermes is not in any danger whatsoever with regard to my pool,” Giersch says, “because I have the pool fully coverd with an automatic pool cover. Hermes has no access to the pool area unless I take him to the pool myself.”
Nevertheless, Giersch has been ordered by the court to keep the pool covered at all times unless he’s nearby.
Their next custody trial dates are set for July 23, 27 and 28.
What is the matter with the couple? I say just put the ego aside and talk just like parents, and trust each other as a parent.
