While they both stated in January they'd try to handle their split amicably for the sake of their two-year-old son and their second child on the way, Gossip Girl actress Kelly Rutherford and estranged husband Daniel Giersch are facing off again.

You won't believe why.

Rutherford, 40, claims their son, Hermes, is in danger because Giersch, 34, leaves the swimming pool uncovered at his Los Angeles home. She knows this because she hired a private eye last week to conduct three days of video surveillance on him.

"Hermes is very young, very active, not water safe and in a moment's notice, could fall into the swimming pool," Kelly Rutherford warns in a court filing.

Although video footage does confirm the pool was uncovered over three days, nothing egregious was witnessed, according to the investigator's reports.

"Hermes is not in any danger whatsoever with regard to my pool because I have the pool fully covered with an automatic pool cover," Giersch states in his filing. "Hermes has no access to the pool area unless I take him to the pool myself."

Regardless, on Tuesday, a court ordered Daniel Giersch to keep his pool covered at all times unless Giersch is personally close by.

Meanwhile, a hearing Friday will address the couple's differences over whether it's too stressful a time to potty train Hermes while his parents are in the midst of a divorce and custody battle and since the child is about to become a big brother.

Rutherford, who's pregnant with the ex-couple's second child, a girl, is due to give birth in three weeks. If there's any silver lining here, it's that at least Lily van der Woodsen can be filmed from the neck down on Gossip Girl next season.

Steve Marsi is the Managing Editor of TV Fanatic. Follow him on Google+ or email him here.