Jason Sudeikis (L); Olivia Wilde.Photo: Jeff Kravitz/FilmMagic; Getty

Jason Sudekis, Olivia Wilde

A judge has grantedOlivia Wildeher request to dismiss exJason Sudeikis' custody petition.

“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: daughterDaisy, 5, and sonOtis, 8 — will remain in California.

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Olivia Wilde.VALERIE MACON/Getty

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“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 andDon’t Worry Darlingdirector said in her court filing, perDM.

“The fact thatJason would embarrass meprofessionally 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, reportsDM, 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 theSaturday Night Livealum. “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 datingHarry 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 toDM.

source: people.com