Kelly Rutherford - Rutherford And Giersch Reach Toilet Truce

KELLY RUTHERFORD and her estranged husband have made progress in their ongoing custody case - after reaching a bizarre agreement in court over how to toilet train their son.

The Gossip Girl star and German businessman Daniel Giersch are currently embroiled in a bitter battle over their two-year-old son Hermes, which became increasingly complicated last week (ends24May09) when Rutherford admitted she had hired a private detective to install cameras in her ex's Los Angeles home.

Court documents also indicated that Rutherford, who split with Giersch in 2008 and is currently pregnant with their second child, had asked a judge to help the parents settle a toilet-training disagreement.

But, following a hearing in court on Friday (22May09), the pair has established that their toddler will wear a pull-up diaper and begin to use a restroom when he "desires".

Rutherford admits she wanted to take part in the toilet teaching process after fearing her son was "changing" under his father's influence.

She explains, "He (Hermes) was coming home saying things. I was starting to see definite changes in him. One person can't make that decision."

Before heading into the Los Angeles County Superior courthouse, Giersch told reporters of his shock upon learning Rutherford had been secretly videotaping him.

He said: "How would you feel if there were remote camera on your property. People were watching whatever you do, going to the restroom or anything else. It's a new feeling. I've never experienced something like this before."