Angelina Jolie says judge in Brad Pitt divorce will not let children testify

26 May 2021, 02:54

Angelina Jolie Pitt and Brad Pitt pose for a photo at an awards ceremony in 2015
Pitt Jolie Divorce. Picture: PA

The actress has criticised a judge deciding child custody between the pair.

Angelina Jolie has criticised a judge who is deciding on child custody in her divorce with Brad Pitt, saying in a court filing that the judge refused to allow their children to testify.

Jolie, who has sought to disqualify Judge John Ouderkirk from the divorce case, said in the filing on Monday that he declined to hear evidence she says is relevant to the children’s safety and wellbeing before issuing a tentative ruling. The documents do not elaborate on what that evidence may be.

“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,” according to the filing in California’s Second District Court of Appeal.

The actress also said the judge “has failed to adequately consider” a section of the California courts code, which says it is detrimental to the best interest of the child if custody is awarded to a person with a history of domestic violence.

Celebrity Birthdays – May 30 – June 5
Angelina Jolie has criticised a judge deciding child custody in her divorce from Brad Pitt (Grant Pollard/Invision/AP)

Her filing did not give details about what this referred to, but her lawyers submitted a document under seal in March that purportedly offers additional information.

Jolie sought a divorce in 2016, days after a disagreement broke out on a private flight ferrying the actors and their children from France to Los Angeles.

Pitt was accused of being abusive toward his then-15-year-old son during the flight, but investigations by child welfare officials and the FBI were closed with no charges being filed against the actor. Jolie’s attorney said at the time that she sought a divorce “for the health of the family”.

Her new filing says the judge has “refused to hear the minor teenagers’ input as to their experiences, needs, or wishes as to their custody fate”, citing a California code that says a child 14 or over should be allowed to testify if they want to.

Three of Jolie and Pitt’s six children are teenagers, 17-year-old Pax, 16-year-old Zahara, and 14-year-old Shiloh. The oldest, Maddox, is 19 and not subject to the custody decision. They also have 12-year-old twins, Vivienne and Knox.

The 92nd Academy Awards – Press Room – Los Angeles
Brad Pitt’s legal team has highlighted claims by a judge that Angelina Jolie’s testimony on their divorce proceedings lacked credibility (Jennifer Graylock/PA)

In response to Jolie’s filing, Pitt’s attorneys said: “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 filing said 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”.

It says Jolie’s objections and further delays in reaching an arrangement would “work grave harm upon the children, who will be further denied permanence and stability”.

It is unclear what the current custody arrangement is because the court seals most files. When the divorce process began, Pitt sought joint custody and Jolie sought primary physical custody — meaning the children would live more than half the time with her. But changes have been made that have not been made public.

Peter Harvey, a lawyer for Jolie who is close to the case but not directly involved, said the actress “supports joint custody” but the situation is complicated and he can not go into detail because the court proceedings are under seal.

Divorce lawyers for both sides declined to comment on the new filings.

By Press Association

Latest World News

See more Latest World News

Virginia Giuffre

Woman driving Prince Andrew accuser Virginia Giuffre during crash that left her with 'four days to live' breaks silence

Exclusive
'Donald Trump has made Putin comfortable,' Mikhail Khodorkovsky has warned

'Trump has made Putin comfortable' despite massive Ukraine war losses, exiled former oligarch tells LBC

The bodies of Andrew Searle and his wife Dawn were discovered by a neighbour.

British couple found dead in south of France home being ‘treated as murder-suicide’

The vehicle was later extinguished after the driver, covered in flames, emerged from the vehicle.

Amsterdam Dam Square car explosion sees driver engulfed in flames - just days after mass stabbing

d

Pictured: US tourist arrested for sailing to remote island and leaving a can of Coke for world's most isolated tribe

The Sentinelese are a pre-Neolithic tribe that rejects contact with the modern world

US tourist arrested for sailing to remote island and leaving a can of Coke for the world's most isolated tribe to try

The Trump administration has been ridiculed after imposing tariffs on uninhabited islands

'No one is safe, not even the penguins': Trump administration ridiculed after imposing tariffs on uninhabited islands

World leaders react to US tariffs

'This is not the act of a friend': World leaders react to Trump's 'unwarranted' tariffs

British couple

British couple found dead in New Zealand named - as police probe possible murder-suicide

Virginia Giuffre said she had been left with 'four days to life' after the crash

Bus driver breaks silence on Virginia Giuffre crash that left her 'with four days to live'

Foreign Secretary David Lammy

David Lammy to urge Nato allies to increase defence spending in bid to make alliance 'stronger, fairer and more lethal'

European Commission President Ursula von der Leyen

EU threatens further countermeasures against US tariffs after 'major blow to world economy'

Lord Sugar labels Trump tariffs 'a disaster' as Apprentice star teases potential US Presidential meeting

Lord Sugar labels Trump tariffs 'a disaster' and warns that the president 'hasn't thought it through'

Buildings that were destroyed during the Israeli ground and air operations in Gaza

Israel expands ground attack on Gaza to seize 'large areas' - despite pleas from hostage families

Police said two people died on Palliser Road, Roseneath.

British couple found dead at home in New Zealand - just months after moving to 'begin new chapter'

Virginia Giuffre warned it was a "very bad situation" after she claimed a school bus ploughed into her car

Virginia Giuffre was charged with breaching restraining order days before crash that 'left her with days to live'