Kelly Rutherford's ongoing custody battle is growing messier by the day - the Gossip Girl star has accused her estranged husband Daniel Giersch of putting their son in danger.
The actress is seeking to ban Giersch from taking their two-year-old boy Hermes to his home until he has ensured the swimming pool and play areas are child-safe, according to official documents obtained by TMZ.com.
New legal papers also indicate that Rutherford has asked that Giersch refrain from teaching their child how to use the toilet, although she failed to explain why.
A judge has subsequently ruled that Giersch must securely cover the pool.
Another hearing in the couple's ongoing custody war is scheduled for Friday (22May09).
The actress married Giersch in 2006 whilst she was preganant with their first child, they are currently expecting their second child due next month.
But Rutherford filed for divorce in December of 2008 citing irreconcilable differences. Giersch was her second husband after she married Carlos Tarajano in June 2001 divorcing in January 2002.
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