Though the Fight Club actor was previously awarded more time with the former couple’s five minor children by Judge John Ouderkirk back in May, that decision has now been reversed. This comes after a three-judge panel disqualified Ouderkirk from the case citing a violation of “his ethical obligations,” according to an opinion submitted to the court on Friday.
According to reports from PEOPLE, The Second District Court of Appeal in California sided with Jolie’s argument that Ouderkirk–who had been serving as their temporary judge–could be biased in his rulings since he had failed to disclose his business relationships with Pitt’s attorneys.
Of course, Brad isn’t happy about this latest development.
“Brad believes there is overwhelming evidence that the current situation isn’t good for the kids,” a source close to the actor tells PEOPLE. “This just sets things back for everyone.”
While he was likely hoping this wouldn’t be the case, Pitt previously agreed that, if the panel found Ouderkirk disqualified, the custody arrangement between him and Jolie would revert back to the parenting plan established prior in November 2018. And that’s exactly what happened.
The judges who oversaw the hearing earlier this month noted Ouderkirk’s “failure to make mandatory disclosures” about other legal proceedings involving Pitt’s legal counseling “might cause an objective person, aware of all of the facts” to doubt Ouderkirk’s impartiality in the case, the court opinion read.
“The appeals court ruling was based on a technical procedural issue. The facts haven’t changed,” a spokesperson for Pitt told the publication. “There is an extraordinary amount of factual evidence which led the judge—and the many experts who testified—to reach their clear conclusion about what is in the children’s best interests. We will continue to do what’s necessary legally based on the detailed findings of what’s best for the children.”
Looks like this case isn’t coming to a close time soon.