Actress Olivia Wilde has won the New York custody battle against her ex Jason Sudeikis on Wednesday after a judge ruled that California is her children’s home state. Sudeikis, 46, had filed the suit against his ex in New York City Family Court over their two children in October 2021. He had wanted his two…
Actress Olivia Wilde won the New York custody battle against her ex Jason Sudeikis on Wednesday after a judge ruled that California is her children’s home state.
Sudeikis, 46, had filed a suit against his ex in New York City Family Court over their two children in October 2021. He had wanted his two children with Wilde to live with him in Brooklyn. Actress Olivia Wilde won the New York custody battle against her ex Jason Sudeikis on Wednesday after a judge ruled that California is her children’s home state.
Sudeikis, 46, had filed a suit against his ex in New York City Family Court over their two children in October 2021. He had wanted his two children with Wilde to live with him in Brooklyn. The judge, in a legal filing, signed August 5, ruled ‘New York was not the home state of the subject children and that rather ‘California was the children’s home state.’
‘Therefore, for the reasons stated on the record on July 15, 2022, respondent’s motion to dismiss the custody petitions filed on October 21, 2021, is granted,’ the filing, which was reviewed by Page Six, stated. The court determined that ‘New York does not have jurisdiction to hear the custody petitions’ because it is not Otis and Daisy’s home state.
Wilde filed a petition to ‘determine the parental relationship in Superior Court of California, in LA’ in May, the filing noted. Her legal team moved to legally dismiss Sudekis’ custody case on May 18. The custody battle will now have to be tried in California, so the ‘whole thing will start over in court there, legal experts allege.
Holly Davis, a family law attorney at Texas-based Kirker Davis LLP with extensive experience in high-net-worth divorce cases, said it is also very unlikely that Wilde will be permitted to take the children to London.
‘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,’ Davis told DailyMail.com on Tuesday. 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.’
She added: ‘Celebrities and influential people have a hard time with this concept, especially when it pertains to their children and family, but it is an important concept in family law cases all across the country.’ If Wilde and Sudeikis cannot reach an agreement about their children’s residency, a judge will decide, Davis explained.
