Filed under 'Hermés Giersch'

Gossip Girl star Kelly Rutherford threw a “construction site” birthday party for her son Hermés earlier this month.

The party, which was “Rocky the Robot Truck” themed, was held at the Alice and Olivia Showroom in New York City featured a construction site play area where the birthday boy and friends built a miniature New York City skyscraper.

Approximately 10 children and 15 adults were present, including actress Sarah Winter. Proud mom Kelly, 40, was all smiles as she told friends that Hermés wanted to do her makeup before the party. She also gushed about how much her son loves his new 4-month-old baby sister, Helena Grace, and how he gives her hugs on a regular basis.

In keeping with the construction theme, guests enjoyed tea sandwiches in the shapes of tools and ate a Rocky shaped cake.

Hermés turns three this Sunday (October 18).

Gossip Girl star Kelly Rutherford was granted a temporary restraining order Thursday (Sept. 24) against her estranged husband Daniel Giersch, PEOPLE reports.

Rutherford claims the German entrepreneur has repeatedly harassed her and her family: "[He] has begun to follow me, my mother and my nanny and he shows up unexpectedly to threaten and scare us," says the order, which is in effect for 21 days pending a court date to hear evidence.

Giersch's lawyer, Fahi Takesh Hallin, released the following statement: "Daniel will remain focused on co-parenting both of their children and not make any personal comments in order to continue to protect the children's need for privacy and well being."

The estranged couple have been battling in court over their two children: son Hermés, who turns 3 next month, and daughter Helena, 3 months. A hearing date is set for Oct. 15.

Kelly Rutherford was photographed with her 2 1/2-year-old son, Hermés Giersch, heading to a Malibu Beach for a picnic on Sunday (July 26).

The day before, Kelly was seen with her estranged husband, Daniel Giersch, and Hermés in Los Angeles. The 40-year-old Gossip Girl star, who just gave birth to their second child, Helena Grace, on June 8, made the tough decision to file for divorce from Daniel when she was just three months pregnant. Kelly recently stated that she is not afraid to raise her two children on her own:

“A lot of great men, presidents even, were raised [only] by their mother under those conditions. The most important thing is that the children have love and stability in their lives, whether that comes from a mother or a father. [Alone], I can raise them to be much more peaceful.”

The split between new parents Kelly Rutherford and Daniel Giersch has taken another nasty turn, with Daniel accusing his ex of keeping him from the birth of their daughter.

Kelly welcomed the couple's second child on Monday, a daughter named Helena Grace. Daniel tells People magazine that though Kelly had agreed to let him know when she was in labor, in the end he learned of Helena's birth thanks to online reports.

He issued the following statement:

"Media reports claiming that I neglected to attend my daughter's birth are total lies and fabrication. I was never informed by Kelly about the birth of our daughter, nor was I invited to attend. In fact, I found out about it through Internet reports like everyone else. Although this sickens me, I am of course overjoyed that our baby was born healthy. I would've wanted nothing more than to hold our newborn daughter for a few moments, and I only seek to coparent both our children responsibly and with love."

Meanwhile, a rep for the Gossip Girl star insists that Daniel was informed as soon as possible, saying, "The doctors advised that no one be in the birthing room; [Daniel] was notified when [Helena] was born and was immediately invited to come see her."

Daniel and Kelly, who split in December after 2 years of marriage, are also parents to son Hermes, 2.