Jason Sudeikis files new motion in custody battle with ex Olivia Wilde

EXCLUSIVE: ‘Jason is throwing whatever he can at the wall and seeing what sticks!’ Sudeikis files new motion in custody battle with Olivia Wilde, who claims he’s ‘litigating her into debt’ because he’s ‘far wealthier’ – as exes head to court TODAY

  • Jason Sudeikis and Olivia Wilde will appear in court Friday morning for a custody hearing as their legal battle over where their kids will live rages on
  • California ruled in favor of Olivia that the children should reside there, despite Jason’s contention that the children are New Yorkers
  • He filed a motion to stay the California order so he can appeal the New York ruling, a move Olivia’s team said would ‘litigate Olivia into debt’

Still at war over where their kids will reside, Jason Sudeikis and Olivia Wilde will appear in court today in their ongoing custody battle, DailyMail.com can reveal. 

Jason filed a fresh motion to stay the California order that ruled that children Daisy, 6, and Otis, 8, should live there, giving Jason time to file an appeal in New York after a judge ruled against his plea last year for the children to live on the east coast. 

In a fiery response, Olivia’s attorneys accused Jason, 47, of prolonging the custody battle because he can afford to do so, and said Olivia, 39, cannot. 

‘Jason seems intent on throwing whatever he can against the wall to see what will stick, and this Request for Order seeking a stay of the California Parentage action is just the latest example,’ Olivia’s attorneys claim in documents obtained by Dailymail.com. 

‘While Jason can afford to spin his wheels with filing after filing, Olivia cannot,’ it says. ‘Jason should not be permitted to litigate Olivia into debt, and then claim she should be deprived of her right to seek a needs-based fee contribution from him.’

Jason Sudeikis and Olivia Wilde will appear in court Friday morning for a custody hearing as their legal battle over where their kids will live rages on 


The exes have been stuck in a nasty bi-coastal custody battle for the past several years – due in large part to the fact that Olivia lives in LA and Jason lives in New York City

Olivia contends that the children are living in California and have no reason to move, noting that daughter Daisy has never attended school in New York and Otis only attended one semester of kindergarten in New York in 2019.

Her attorneys claim, ‘While the details of Jason’s finances are presently unknown as he refused to substantively respond to basic discovery, she is aware that he is far wealthier than she is.’  

Olivia claims in the filing that she believed things were moving toward a more amicable solution earlier this year, but was blindsided when she learned of Jason’s legal tactics. 

‘We were scheduled to start working with a family therapist in California in mid-January. I thought things were calming down and were going to move forward in a more amicable, respectful fashion,’ Olivia says. 

‘Instead I learned on January 10, 2023 that the entire time I was negotiating the parenting time schedule in California [Jason] was plotting to proceed with the New York Child Support proceeding behind my back.

‘Apparently he had learned that the court date for our first appearance was January 4, 2023 and purposefully did not advise me of it, nor did his lawyer advise my lawyers. Not knowing the date, neither I nor my lawyers appeared.

‘[Jason’s] underhandedness and bad faith in these proceedings is astounding. I am completely perplexed at why he believes that engaging in intimidation or trickery will serve him or our children’s best interests.’

 ‘They are in constant communication via phone calls and text messages and keep each other up to date on anything involving their kids,’ the source shared

The former couple’s custody battle took a turn for the worse when Olivia was served with legal papers while on-stage at an event in front of 4,000 industry insiders

The two ignited speculation that they were headed for a recoupling in January when they were spotted together in Los Angeles, however the latest legal sparring says otherwise.

The exes have been stuck in a nasty bi-coastal custody battle for the past several years – due in large part to the fact that Olivia lives in LA and Jason lives in New York City – which caused major controversy when the actress was served with custody papers while on-stage in front of 4,000 industry executives. 

Following their split in 2020, Olivia and Jason initially seemed to be very much on the same page and were cordial to each other, putting their children first. 

Olivia then met Harry Styles at a party for Irving Azoff. At the time, production was beginning for Olivia’s directorial debut film, Don’t Worry Darling, which she also starred in. 

The drama off-set took center stage when Olivia got into a blowout fight with the lead actor, Shia LaBouf. After his exit, Olivia replaced him with Harry, who had only had a few acting roles prior. 

In January 2021, rumors that Olivia and Harry were more than just friends and co-stars were confirmed when they were spotted holding hands in public. Harry then solidified the situation when he referred to her as his ‘girlfriend.’ 

Harry Styles and Olivia became a hot item during the COVID-19 pandemic in 2020 after meeting at Irving Azoff’s birthday

Shortly thereafter, her cordial co-parenting with Jason turned ugly. In April 2022, Olivia was served with a legal papers regarding the custody of Otis and Daisy while she was giving a speech on her newest movie, Don’t Worry Darling. 

In August 2022, Olivia responded to Jason’s filing. In court documents obtained by DailyMail.com, she said that that she and Jason had previously agreed to let the kids finish the school year in L.A., while he filmed Ted Lasso. 

‘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,’ Olivia said in the docs. ‘When I did not agree, since the children have not lived in New York for several years, Jason filed these papers.

Regarding inappropriately being served at CinemaCon, Olivia 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. 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.’

Jason later responded, apologizing to Olivia by saying that he was ‘very, very sorry’ and that he ‘deeply regretted’ the manner in which she was served. His response detailed the reason for his contesting the children’s previously agreed on custody arrangement. 

‘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.’ 

He also stated that Olivia had informed him that she wanted to possibly move the kids to London, where she was planning to move with Harry during the height of their romance. 

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