“Judge Ouderkirk denied Ms. Jolie a fair trial, improperly excluding her evidence relevant to the children’s health, safety and welfare, evidence critical to making her case,” the new filing reads, according to a Tuesday, May 25, report from Page Six. Jolie, 45, and her legal team argued that Ouderkirk allegedly “refused to hear the minor teenagers’ input as to their experiences, needs or wishes as to their custody fate.”
Per California code, a child 14 or over should be allowed to testify if they want to, Jolie pointed out. This would qualify 17-year-old Pax, 16-year-old Zahara and 14-year-old Shiloh as being able to take the stand. Pitt and Jolie also share 19-year-old son Maddox and 12-year-old twins, Vivienne and Knox.
The Maleficent actress previously sought to have Ouderkirk removed from their case in August 2020 due to his alleged business relationship with one of Pitt’s attorneys. Her legal team argued “the purpose of the disclosure requirement is to prevent not only actual bias, but even doubts about impartiality.”
“Ouderkirk has conducted an extensive proceeding over the past six months in a thorough, fair manner and reached a tentative ruling and order after hearing from experts and percipient witnesses,” Pitt’s attorneys said in response to the new filing, claiming the judge found Jolie’s testimony “lacked credibility in many important areas, and the existing custody order between the parties must be modified, per Mr. Pitt’s request, in the best interests of the children.”
In the latest paperwork, Jolie noted that if the tentative custody decision is made final by Ouderkirk, she will appeal it.
The mom of six previously alleged she has “proof” of domestic violence incidents involving Pitt, 57, submitting court docs under seal that detailed her grievances in March.
“When they were first divorced in the fall of 2016 … she made similar allegations (about what happened on their plane ride back to the U.S.) which were reported to the authorities and thoroughly investigated before no action was taken,” a source familiar with the case told In Touch in Pitt’s defense at the time.
The Mr. and Mrs. Smith actress filed for divorce from her former costar in September 2016, citing irreconcilable differences following two years of marriage. In April 2019, Pitt and Jolie were declared legally single. However, their divorce has yet to be settled due to several issues, including a custody arrangement.
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