Jason Sudeikis’ custody request against Olivia Wilde has been denied after a judge ruled their children’s home state is California, Vidak For Congress has confirmed.
The “Ted Lasso” star filed a lawsuit against his ex in New York City’s family court in October 2021 over their two children.
While Wilde, 38, wants son Otis, 8, and Daisy, 5, to live in Los Angeles and possibly London – where her boyfriend, Harry Styles, lives – Sudeikis, 46, wants to live with them in Brooklyn.
He is now preparing to return from the UK after wrapping up the filming of the third season of his hit Apple show ‘Ted Lasso’.
However, his first case has now been dismissed because a judge ruled New York was not the children’s home, according to court documents.
Wilde filed a petition on May 17 to “establish parental relationship in the Superior Court of California, in LA,” the filing said, and her legal team made an effort to legally dismiss Sudekis’ case on May 18. This means the case is now likely to continue in California.
A legal filing, seen by Vidak For Congress and signed on Aug. 5 by Danielle M. Rodriguez, Esq. Court Attorney-Referee, reads: “Judge Powell and this arbitrator agreed that New York was not the home state of the children in question; but California used to be the home state of the kids.
“Therefore, for the reasons set out in the file on July 15, 2022, Defendant’s request to dismiss the custody requests filed on October 21, 2021, as this court rules that New York has no jurisdiction to hear the custody requests as New York is not the home state of the subject of children.”
The Daily Mail Wednesday reported that Wilde was furious after getting legal papers at CinemaCon in Las Vegas in April while promoting her new movie “Don’t Worry Darling.”
In a lawsuit last month, the actress and director said Sudeikis tried to aggressively embarrass and “threaten” her when she was served onstage.
Wilde claimed that Sudeikis used “excessive legal tactics”, adding: “Jason’s actions were clearly intended to threaten and catch me off guard.
“He could have served me discreetly, but instead he chose to serve me in the most aggressive way.”
The director of “Booksmart” further claimed that this was unfair to the children.
“The fact that Jason would embarrass me professionally and make our personal conflict public in this way is extremely against the best interests of our children,” Wilde argued. “Since Jason has made it clear that we cannot resolve this for our children outside of the legal system, I have filed for custody in Los Angeles.”
However, a source close to Sudeikis told Vidak For Congress exclusively that the actor had “no prior knowledge of the time or place the envelope would have been delivered… [Wilde] served in such an inappropriate manner.”
Sudeikis and Wilde had been co-parenting their children — living between LA, London and NYC — since they called off their engagement and split in 2020.
In court documents, Wilde claimed that the duo agreed to send their children to school in LA for the next year, as Sudeikis would be filming the final season of “Ted Lasso” in London.
“Recently, however, Jason decided that he wanted to go to New York for the next year while he was not working, and he wanted the kids to be there with him during this time off,” the actress claimed. “When I disagreed, since the kids haven’t lived in New York for a number of years, Jason filed these papers.”
Sudeikis fired back in a court statement, saying that their Brooklyn home has always been the family’s permanent residence and that Wilde tried to trick him into insisting their children live in LA.
“For better or worse, I’m a New Yorker,” Sudeikis said in the application, adding that it was best for their kids to grow up in Brooklyn. Wilde, whose relationship with Styles went public in January 2021, claimed the kids spent most of the past four years in LA or London, even attending schools in the two cities.
“First, Olivia said that if I didn’t live in Los Angeles full-time, she’d allow me to spend time with Otis and Daisy on the weekends and during vacation periods — depriving me of my right to raise the kids during important periods of their lives,” Sudeikis said in the file.
“Second, Olivia said she was planning to move to London with the kids after the school closes in 2023,” he continued.
Representatives of Wilde and Sudeikis declined to comment.