Olivia Wilde‘s request to dismiss her ex-boyfriend Jason Sudeikis‘ custody petition has been granted by a judge after Sudeikis filed for a change in the custody arrangement of the pair’s two children in October 2021.
According to court records obtained by The Daily Mail, Sudeikis had expressed a desire for the two children to be raised in New York City, where they were born and where Sudekis and Wilde parented them before their split in November of 2020.
“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,” court documents obtained by People Magazine stated.
“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.”
Per the dismissal, the children, Daisy, 5, and Otis, 8 will remain with their mother in California.
The Daily Mail reported that Wilde allegedly felt blindsided when she was publicly served papers by representatives of Sudeikis while she was onstage at this year’s CinemaCon introducing the trailer for her upcoming directorial effort Don’t Worry Darling.
Wilde allegedly accused Sudeikis of “embarrass(ing) me professionally” and stated that “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 reportedly went on to state, “Since Jason has made it clear that we will not be able to work this out for our children’s sake outside of the court system, I filed a petition for custody in Los Angeles.”
For his part, Sudeikis has stated that he had no idea that the papers in question would be served during CinemaCon. According to The Daily Mail, Sudeikis has stated he “did not want service to take place at the home of Olivia’s current partner [singer/actor Harry Styles] because Otis and Daisy might be present,” nor did he “want service to take place at the children’s school because parents might be present.”