Olivia Wilde and ex Jason Sudeikis don’t ‘speak directly to one another’ and have ‘help communicating’ about when they see their two children
Olivia Wilde and her ex Jason Sudeikis do not speak to one another and have ‘help’ communicating about when they see their two children, a new report claims.
The exes have been at odds over custody of their daughter Daisy, five, and son Otis, eight, and Olivia recently received a legal win when a judge ruled California was the home state of their kids.
Speaking about the exes with People, an insider stated the actress, 38, ‘wants to focus on what’s best for the kids’ and opened up about their custody issues.
Custody issues: Olivia Wilde and her ex Jason Sudeikis do not speak to one another and have ‘help’ to communicate about their two children, a new report claims; pictured 2019
‘She and Jason don’t speak to each other, so they have help communicating about the custody schedule,’ the source said.
While Olivia is ‘upset about the custody drama’, she still wants their children to see their father ‘as much as possible.’
‘She hopes they can figure out the best living situation for everyone,’ the insider said of the actress.
The latest update comes after Olivia won her New York custody battle against Jason after a judge ruled that California was her children’s home state.
Family matters: The exes have been at odds over custody of their daughter Daisy, five, and son Otis, eight; pictured February 2020
Sudeikis 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 children with Wilde to live with him in Brooklyn.
Wilde, however, wanted them to stay with her in Los Angeles, and possibly relocate to London, where her boyfriend Harry Styles lives.
She has accused the Ted Lasso star of serving her custody papers ‘in the most aggressive way possible,’ DailyMail.com exclusively revealed.
Last week, a New York judge dismissed the case.
Controversy: Wilde was infamously served the court documents on April 26 as she spoke about her new movie on stage at CinemaCon in Las Vegas
Sudeikis and Wilde began dating in 2011 and went on to have two children, son Otis and daughter Daisy before splitting in late 2020.
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 ‘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 parental relationship in Superior Court of California, in LA’ on 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.
Happier times: The exes, who started dating in 2011, pictured in 2018
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.
‘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.’
Legal victory: 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’; pictured December 2021
If Wilde and Sudeikis cannot reach an agreement about their children’s residency, a judge will decide, Davis explained.
Court filings obtained exclusively by DailyMail.com revealed the exes’ once-amicable custody and co-parenting agreement turned into a bitter dispute over Wilde’s plans to relocate to London.
In Wilde’s motion to dismiss the action, the actress claimed she and Sudeikis had initially agreed to send their kids back to school in Los Angeles for the upcoming school year since Sudeikis was due to wrap up the final season of Apple TV series Ted Lasso which had required him to be in London.
‘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,’ the actress said in the filing.
Moved on: Olivia is now in a relationship with singer Harry Styles
‘When I did not agree, since the children have not lived in New York for several years, Jason filed these papers.’
Wilde, who began dating Styles in January 2021, argued that the children have spent most of the last four years in LA or in London, even attending schools in the two cities.
She was infamously served the court documents on April 26 as she spoke about her new movie on stage at CinemaCon in Las Vegas.
The Hollywood star was in the middle of a presentation for 4,100 film industry executives about her upcoming thriller Don’t Worry Darling when she was awkwardly handed a manila envelope by a court process server.
The bizarre moment sparked furious speculation among attendees and reporters at the annual gathering of cinema owners and Hollywood studios about the envelope’s contents.
Neither of the parties publicly addressed the incident, and a source close to Sudeikis later claimed that he did not know Wilde would be served the papers in such a public and humiliating way.
Bizarre: The Hollywood star was in the middle of a presentation for 4,100 film industry executives about her upcoming thriller Don’t Worry Darling when she was awkwardly handed a manila envelope by a court process server
Wilde referenced the embarrassing incident for the first time in her court motion, slamming her ex for his ‘outrageous legal tactics’ and delivering the documents ‘mid-speech.’
‘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 said in the documents.
‘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.
‘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.’
According to the court filings, Wilde and Sudeikis were largely based in New York for most of their relationship, with both of their kids being born in the city.
That was then: The former couple pictured with son Otis in New York in 2014
The two shared a home in Brooklyn after buying the property in 2014 for $6.5million and lived there sporadically until 2019, when a mold issue made the house completely uninhabitable.
Throughout that timeframe, Sudeikis and Wilde also spent substantial periods of time in Los Angeles due to their work commitments, but – according to the actor – considered the Brooklyn home their main family residence.
In his declaration to the court, Sudeikis said that while he, Wilde, and their two kids had been living in London since December 2021, he intended to return to his ‘permanent home’ in Brooklyn when filming for Ted Lasso concluded in July.
He said he hoped that his ex and their children would also return to New York so they could continue their current custody arrangement.
Neither of the parties publicly addressed the incident, and a source close to Sudeikis later claimed that he did not know Wilde would be served the papers in such a public and humiliating way; Wilde pictured November 2021
Sudeikis said he now believes those plans are ‘unlikely to occur’ after Wilde ‘insisted upon’ living with their kids in LA and asked him to join them during a discussion over custody in April.
She also disclosed her future plans to move to London – where she has been living with former One Direction star Styles, 28 – at the end of next year.
‘For better or worse, I am a New Yorker,’ Sudeikis said, adding that it was in the kids’ best interests to grow up in Brooklyn.
He also claimed he had been ‘reluctant’ to serve Wilde with papers because he continues ‘to care deeply for her’, but said he was spooked by two particular statements during their conversation.
‘First, Olivia said that if I did not reside full-time in Los Angeles, she would allow me to spend time with Otis and Daisy on weekends and during vacation periods – thus depriving me of my right to parent the children during important periods of their lives…,’ Sudeikis said.
He continued: ‘Second, Olivia said that she intended to relocate with the children to London following the close of school in 2023.’
Sudeikis, ‘fearful’ that she would ‘take Otis and Daisy’ from him, said he then asked his attorney in that moment to serve the summons and petition to Wilde knowing she was scheduled to travel to LA the next morning.
‘Feel great distress’: Sudeikis claimed he was ‘deeply upset’ at the turn of events and later found out that Wilde’s whereabouts were tracked down thanks to a tweet speculating her appearance at CinemaCon; pictured June 2022
The actor claimed he had always hoped she would be served in a ‘benign manner’ and requested service take place at Heathrow Airport, rather than at Styles’ home.
‘I did not want service to take place at the home of Olivia’s current partner because Otis and Daisy might be present. I did not want service to take place at the children’s school because parents might be present,’ Sudeikis said.
The actor goes on to say that the process server was ultimately unable to serve Wilde at the intended location that day due to a series of logistical mishaps.
He said he would only learn Wilde would be ultimately served in public days later when the incident made headlines.
Sudeikis claimed he was ‘deeply upset’ at the turn of events and later found out that Wilde’s whereabouts were tracked down thanks to a tweet speculating her appearance at CinemaCon.
An attempt was made to serve Wilde at her hotel in Las Vegas where the event was held, but after that failed, the server ‘noticed Olivia at the Warner Brothers Panel and proceeded to serve the Summons and Petition upon Olivia.’
Sudeikis said he continues to ‘feel great distress at the manner in which service was made.’
‘I understand that the process server had only done her job; however, I deeply regret what happened. 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,’ he added.
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