Although they both stated in January they’d try to co-parent amicably, Gossip Girl star Kelly Rutherford and estranged husband Daniel Giersch are facing off in court again in a dispute over their 2-year-old son.

Rutherford, 40, who claims son Hermes is in danger because Giersch, 34, leaves the swimming pool uncovered at his Los Angeles home, hired a private eye last week to conduct three days of video surveillance on the German businessman, court documents show.

“Hermes is very young, very active, not water safe and in a moment’s notice, could fall into the swimming pool,” Rutherford warns.

Although video footage showed the pool was indeed uncovered over three days, nothing egregious was witnessed, according to the investigator’s reports.

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“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.”

On Tuesday, however, a court ordered Giersch to keep his pool covered at all times unless Giersch is close by.

Meanwhile, a hearing set for 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, court documents reveal.

Lawyers for both sides had no comment.

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