It’s getting messy! Kelly Rutherford has been granted a temporary restraining order against her ex-husband, Daniel Giersch.

According to documents filed in L.A. County Superior Court, the “Gossip Girl” actress claims Daniel has repeatedly harassed both her and their nanny, which she claims forced the nanny to quit.

“Daniel has begun to follow me, my mother, my nanny and he shows up unexpectedly to threaten and scare us,” Kelly states in the documents.

It is also claimed that Daniel “has harassed [my nanny] with questions about me virtually every time he sees her … last week Daniel’s harassment of [the nanny] led to an actual threat that he is going to file a lawsuit against her.”

Kelly says the nanny handed in her pink slip after that, causing her two kids — Hermes and Helena – to lose someone they “love and trust.”

Kelly’s mother, Ann Edwards, is also quoted in the documents, claiming the German businessman once arrived at a restaurant where she was eating with the couple’s two-year-old son, Hermes, and blocked them from leaving the establishment.

The restraining order requires Daniel to stay 100 yards away from Kelly, her mother, the nanny, and Kelly’s home, job and vehicle – “except for brief & peaceful contact as required for court-ordered visitation.”

Last month it was agreed that both parents would attend co-parenting counseling sessions and would share joint legal and physical custody of the two kids.

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Gossip Girl star Kelly Rutherford introduces her new bundle of joy Helena to us in this week’s issue of Life and Style Magazine.

Already the mother of adorable 2-year-old son Hermés, Kelly was overjoyed at the idea of having another baby. But her volatile three-year marriage to the children’s father was already at the breaking point.

So when she was three months pregnant, Kelly, 40, made the difficult decision to leave her husband, Daniel Giersch, and have the baby on her own. Their daughter, Helena Grace, was born on June 8 in LA. Now, for the first time since the controversial split, Kelly is speaking out.

“When you’re in labor, you don’t want the man you’re divorcing in there, especially someone who’s said cruel things about you,” she explains.

The couple is still locked up the L.A. courts, as Daniel tries to prevent Kelly from taking Hermes back to New York while she works on Gossip Girl.

“I’m not moving without my kid,” she insists. “I’m not doing anything without my son.”

What’s more, Kelly believes having dad out of the picture altogether wouldn’t be so bad.

“The most important thing is that 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.”

Photo Credit: Albert Ferreira

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Congratulations to Kelly Rutherford and estranged husband, Daniel Giersch, on the safe arrival of their second baby – a girl!

Helena Grace Rutherford Giersch arrived last night at 9:20 p.m. weighing 8 pounds, 12 ounces in Los Angeles.

“Kelly and the baby are doing fine,” her rep said.

The Gossip Girl star’s estranged husband, Daniel Giersch, was invited to the hospital but reportedly did not attend his baby’s birth.

Kelly filed for divorce from the Daniel at the beginning of the year and has been embroiled in a bitter custody battle over the unborn child and the former couple’s 2-year-old son, Hermes. Most recently, the pair appeared in court to argue over potty training and gates around Giersch’s swimming pool.

Kelly Rutherford and her ex husband Daniel Giersch continued their custody battle of two-and-a-half-year-old son Hermes at Los Angeles County Superior Court yesterday.

The couple are fighting over a list of other parenting issues, including when Hermes, who is set to enter preschool this fall, will be potty-trained.

Yesterday, the couple agreed to have their son wear a pull-up diaper and begin potty training when he “desires.”

Kelly, who is about eight-and-a-half months pregnant with the couples’ second child, said her son began to “change” when his father tried to potty train him.

“He was coming home saying things. I was starting to see definite changes in him,” she told Usmagazine.com outside court. “One person can’t make that decision.”

When asked if she and her ex-husband could have an amicable relationship, the mom-to-be said:

“I don’t see it.

“I have tried everything,” she continued. “I have tried mediation. It is too bad for our son.”

You know things aren’t good when you have to go to court to agree on when to potty train. I can only imagine it will only get worse when the new baby arrives…

Kelly, who is currently expecting her second baby this spring, filed the divorce papers on December 30 citing “irreconcilable differences.”

According to People Daniel also filed for legal separation the same day.

The couple were married in August 2006 and have a 2-year-old son, Hermés.

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