Olivia Wilde has had a legal win amid her custody battle against her ex-fiancé Jason Sudeikis.
A ruling reportedly made on Wednesday saw a judge declare the home state of Olivia’s two children, shared with Jason, to be California.
The two stars are currently locked in a custody battle regarding where to raise their two children, following their split in November 2020.
In October 2021, Jason, 46, reportedly filed a lawsuit at the New York City Family Court, as he wanted his and 38 year old Olivia's children to live with him in Brooklyn.
The pair dated from 2011 to 2020, and were engaged at the time of their split. They share a son Otis, eight, and a daughter Daisy, five.
Olivia argued that the kids should stay with her in Los Angeles, and court filings obtained by DailyMail.com revealed her plans to possibly relocate them to London, where her boyfriend Harry Styles, whom she's been dating since January 2021, is based.
According to Page Six, in legal filings signed on 5 August, a judge ruled: “'New York was not the home state of the subject children”, concluding that California was the children’s home state.”
Page Six reviewed the ruling, which stated: “Therefore, for the reasons stated on the record on July 15, 2022, respondent’s [Olivia's] motion to dismiss the custody petitions filed on October 21, 2021 is granted.”
Following the ruling that California is the children’s home state, it was determined in court that “'New York does not have jurisdiction to hear the custody petitions”.
The court’s ruling comes after Olivia was reportedly served with custody papers while in the middle of a speech onstage at an event in April.
Olivia slammed Jason for handing the papers over in “the most aggressive manner possible” in her court motion, as reported by DailyMail, as she addressed the incident for the first time, claiming her ex “intended to threaten me”.
The court hearing will now move to California, where it will be heard, after Olivia filed a petition to “determine parental relationship in Superior Court of California, in LA” in May. Her legal team moved to legally dismiss Jason's custody case on 18 May.
has contacted Olivia and Jason's representatives for comment.
Texas family law attorney Holly Davis, who has worked on high-net-worth divorce cases, has predicted that Olivia’s motion to move her children to London will not be granted.
She told DailyMail: “It is highly unlikely that Olivia can move to the UK due to the principle that family courts hold to, which is to keep parents together generally near their children while they are divorcing.
“It is possible that at the end of a hearing and after evidence and argument are made, one parent could move. But it is not a unilateral decision that gets made by one parent.”
The lawyer explained: “If Wilde and Sudeikis cannot reach an agreement about their children's residency, a judge will decide.”
The court filings obtained by DailyMail revealed Olivia’s claim that she and Jason had first agreed to send the kids back to school in LA for the next school year while Jason completed filming for the Apple TV series Ted Lasso in London.
Olivia said in her motion: “Recently, however, Jason decided that he wanted to go to New York for the next year while he is not working, and wanted the children to be with him there during this time off.
“When I did not agree, since the children have not lived in New York for several years, Jason filed these papers.”
READ MORE:
- Olivia Wilde slams ex Jason Sudeikis for serving her custody papers on stage
- Olivia Wilde 'served custody papers while on stage' leaving star flustered
- Harry Styles seen for first time since girlfriend Olivia Wilde's custody papers drama
- Inside Olivia Wilde and Jason Sudekis' split – two months before her romance with Harry Styles
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