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Judge Sides With Olivia Wilde Over Jason Sudeikis, Rules Custody Battle Will Remain in California

Judge Sides with Olivia Wilde Over Jason Sudeikis, Says Custody Battle Will Remain in California
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Staying put in the Golden State. A judge has granted Olivia Wilde’s request to dismiss ex Jason Sudeikis petition to move their custody battle from California to New York.

Related: Jason Sudeikis and Olivia Wilde's Messy Custody Battle: A Complete Timeline

The Ted Lasso actor, 46, previously filed a petition reportedly stating that he hoped the pair could coparent their kids from the Big Apple, where the family previously lived — and where their two children, son Otis, 8, and daughter Daisy, 5, were born, according to records obtained by the Daily Mail.

Per documents obtained by Page Six on Wednesday, August 10, however, the judge presiding over the case ultimately sided with Wilde, 38, granting her motion to dismiss her former fiancé’s petition, which he was filed in October 2021.

“Both Judge Powell and this Referee agreed that New York was not the home state of the subject children; but rather California was the children’s home state,” the decision reportedly states. “This court finds that New York does not have jurisdiction to hear the custody petitions as New York is not the home state of the subject children.”

As a result of the ruling, the ongoing custody case will remain in California.

News of the ruling comes shortly after the Booksmart director fired back at the Saturday Night Live alum for serving her custody papers while she was on stage at CinemaCon in April.

The O.C. alum was presenting her upcoming film Don’t Worry Darling at the Las Vegas convention center when she received a manilla envelope marked “personal and confidential” in the middle of her speech.

Us Weekly confirmed at the time that the documents in question were from the Emmy winner, but a source exclusively revealed in April that the comedian wasn’t aware of when the actual delivery would happen. “Papers were drawn up to establish jurisdiction relating to the children of Ms. Wilde and Mr. Sudeikis,” the insider to Us. “He would never condone her being served in such an inappropriate manner.”

In response, however, Wilde filed court documents of her own in Los Angeles, alleging that Sudeikis attempted to “threaten” and “embarrass” her by publicly delivering the paperwork, per the Daily Mail. The filmmaker also claimed that the former couple had previously decided to allow their two little ones to complete the upcoming school year in L.A., while Sudeikis filmed the final season of Ted Lasso in London. The pair’s dispute began after the Virginia native allegedly changed his mind, instead hoping to live with Otis and Daisy on the east coast.

Related: Olivia Wilde and Jason Sudeikis’ Relationship Timeline

The New York native argued in her filing that Sudeikis and the “outrageous” Las Vegas stunt were calculated. “Jason’s actions were clearly intended to threaten me and catch me off guard. He could have served me discreetly, but instead, he chose to serve me in the most aggressive manner possible,” she claimed. “The fact that Jason would embarrass me professionally and put our personal conflict on public display in this manner is extremely contrary to our children’s best interests.”

The Lazarus Effect star added, “Because Jason has made it clear that we will not be able to work this out for our children’s sake outside the court system, I filed a petition for custody in Los Angeles.”

Sudeikis, for his part, reiterated in a separate filing that he didn’t intend for Wilde to receive the papers while on stage in Las Vegas, but instead wanted her to be served at London’s Heathrow Airport.

“I understand that the process server had only done her job; however, I deeply regret what happened,” the Horrible Bosses actor explained. “Olivia’s talk was an important event for Olivia, both professionally and personally, and I am very, very sorry that the incident marred her special moment.”

Related: Olivia Wilde and Jason Sudeikis' Quotes About Their Romance Over the Years

Sudeikis added that he also did not want the documents sent to the home of Harry Styles, who Wilde began dating in January 2021. “I did not want service to take place at the home of Olivia’s current partner because Otis and Daisy might be present,” he wrote.

The exes, who began dating in 2011, were engaged for seven years before calling it quits in November 2020.

Though their romance didn’t last, Wilde and Sudeikis initially had no problems with coparenting. “They’re doing their best at giving their kids a normal life,” a source explained to Us in July 2021. “The kids bring them back together since they are and always will be their number one priority.”

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