Kelly Rutherford Divorce Update: Pools & Potties

Kelly Rutherford's divorce from her husband Daniel Giersch is proving to be a less than amicable one.

Court documents reveal that the Gossip Girl star hired a private investigator to conduct video surveillance on her ex out of concern for their 2-year-old son Hermés' safety.

The documents indicate that Kelly is worried that a pool at Daniel's home poses a risk to their toddler.

"Hermés is very young, very active, not water safe and in a moment's notice, could fall into the swimming pool," Kelly claims.

Daniel denies the claims saying, "Hermes is not in any danger whatsoever with regard to my pool because I have the pool fully covered with an automatic pool cover. Hermés has no access to the pool area unless I take him to the pool myself."

The court has requested that Daniel keep the pool covered at all times while Hermes is with him.

Kelly and Daniel will be back in court tomorrow to debate, believe it or not, potty training. Kelly, who is expecting the couple's second child - a girl - this summer, reportedly wants her ex to stop trying to potty train Hermés until after the stress of the court proceedings has passed.