The custody battle between Jason Sudeikis and Olivia Wilde continues, now that a judge has dismissed the actor’s petition to travel with his kids to New York City, moving with them from Los Angeles, where they currently reside with their mom.

Legal documents obtained by Page Six reveal that a judge denied the petition and sided with Wilde, as it was previously reported that Sudeikis had agreed to send 8-year-old Otis and 5-year-old Daisy to school in Los Angeles, after calling off their engagement in 2020.

“For better or worse, I am a New Yorker,” Jason stated in the legal documents from October 2021, declaring that he wants to bring his kids to his home in New York City.

“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 previously wrote. “When I did not agree, since the children have not lived in New York for several years, Jason filed these papers.”

Following the filing, Olivia’s legal team responded to the request, signing a ruling on August 5 to dismiss his request. “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 ruling continued, “Respondent’s motion to dismiss the custody petitions filed on October 21, 2021 is granted as 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.”