Judge Sides with Olivia Wilde Keeping Jason Sudeikis Custody Case in California, Not New York

Jason Sudekis, Olivia Wilde
Jason Sudekis, Olivia Wilde
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Jeff Kravitz/FilmMagic; Getty Jason Sudeikis (L); Olivia Wilde

A judge has granted Olivia Wilde her request to dismiss ex Jason Sudeikis' custody petition.

According to court documents obtained by PEOPLE on Wednesday, the judge sided with Wilde, 38, last month, granting her motion to dismiss a custody petition filed by Sudeikis, 46, in October 2021.

In his petition, the Ted Lasso actor reportedly said he hoped for the duo to parent their kids from New York City, where the family previously lived and where the kids were born, according to court records obtained by The Daily Mail.

"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," the documents stated.

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"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," they added.

As a result, the case — which pertains to the couple's two children: daughter Daisy, 5, and son Otis, 8 — will remain in California.

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Olivia Wilde Goes Viral After She's Handed Mysterious 'Confidential' Envelope During CinemaCon
Olivia Wilde Goes Viral After She's Handed Mysterious 'Confidential' Envelope During CinemaCon

VALERIE MACON/Getty Olivia Wilde

RELATED: Olivia Wilde Claims Ex Jason Sudeikis Meant to "Embarrass" Her with Custody Papers Served Onstage: Report

In the court documents obtained by DM, Wilde reportedly accused Sudeikis of "embarrass(ing) me professionally" when she was served the custody papers during a presentation she was making onstage during CinemaCon in Las Vegas in April.

"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 actress and Don't Worry Darling director said in her court filing, per DM.

"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," added Wilde.

"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," she said.

RELATED VIDEO: Olivia Wilde Was Served Legal Papers from Jason Sudeikis in Middle of CinemaCon Presentation

Sudeikis reiterated in his own filing, reports DM, that he did not intend for Wilde to receive the papers onstage at CinemaCon, but instead requested that they be served at Heathrow Airport — and that plans to serve them at the hotel she was staying at for CinemaCon in Las Vegas went awry.

"I understand that the process server had only done her job; however, I deeply regret what happened," said the Saturday Night Live alum. "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 also explained of Wilde, who is currently dating Harry Styles, "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 also said, according to DM.