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 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.
And on Wednesday, a New York judge dismissed the case.
Sudeikis, 46, and Wilde, 38, began dating in 2011 and went on to have two children, son Otis, 8, and daughter Daisy, 5, before splitting in late 2020.
Actress Olivia Wild and Jason Sudeikis share two children together- eight-year-old son Otis and five-year-old daughter Daisy – and had continued co-parenting amicably after their split
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
Court filings obtained exclusively by DailyMail.com Wednesday revealed the exes’ once-amicable custody and co-parenting agreement has 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.
‘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.
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.’
In an awkward moment that made headlines, Wilde was served the court documents on April 26 while speaking to a crowd about her new movie at CinemaCon in Las Vegas
The former couple had alternated one-week periods of ‘parental access’ with their children, as they both split their time between New York, Los Angeles, and London
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.
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.
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.
Sudeikis admits he got spooked by the prospect of Wilde moving her kids to London, where new boyfriend Harry Styles is based. The pair are pictured together in London in March. Wilde began dating Styles in January 2021,
Sudeikis, meanwhile has spent a substantial amount of time in London due to his role in Apple TV series Ted Lasso
He argued that it was in their 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.
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.