KEY POINTS

  • Brad Pitt believes the new ruling in his and Angelina Jolie's custody case "sets things back for everyone," a report says
  • Pitt lost his previously awarded time with his minor children after Judge John Ouderkirk was disqualified from their case
  • He previously agreed that their custody arrangement would revert back to the 2018 parenting plan if Ouderkirk is disqualified

Brad Pitt is concerned about his and ex-wife Angelina Jolie's children amid a new decision shaking up the former couple's ongoing custody case, according to a report.

Earlier this week, the Second District Court of Appeal in California sided with Jolie and disqualified Judge John Ouderkirk from their case, citing a violation of "his ethical obligations," according to an opinion submitted to the court Friday. As a result, Ouderkirk's May decision granting Pitt more time with his five minor kids was reversed, People reported.

Jolie had argued that Ouderkirk, who had been serving as their temporary judge, may not be impartial after failing to disclose his business relationships with Pitt's legal team.

Following the new ruling, an unnamed source close to Pitt told the outlet, "Brad believes there is overwhelming evidence that the current situation isn't good for the kids. This just sets things back for everyone."

Jolie's team refused to comment on the new opinion, People said.

The decision means that the custody fight over the former couple’s children has to start over.

Pitt previously agreed that if Ouderkirk was disqualified, the custody arrangement between him and Jolie would revert back to the parenting plan established prior to November 2018, according to the outlet. Thus, Jolie retains full custody of their kids, while Pitt has visitation rights.

Ouderkirk's previous ruling included Jolie and Pitt's minor children: Pax, 17, Zahara, 16, Shiloh, 14, and twins Vivienne and Knox, 12. Their eldest son Maddox is 19 and no longer a part of the custody case.

Following Ouderkirk's disqualification, a spokesperson for Pitt said in a statement, "The appeals court ruling was based on a technical procedural issue. The facts haven't changed."

"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," the rep added.

The judges who oversaw the hearing earlier this month noted that Ouderkirk's "failure to make mandatory disclosures" about other legal proceedings involving Pitt's lawyers "might cause an objective person, aware of all of the facts" to doubt his impartiality in the case.

"Jolie acquired this new information only because her counsel asked whether Judge Ouderkirk had any new engagements to report, not because Judge Ouderkirk had complied with his obligation under the Code of Judicial Ethics to make the disclosures," the panel wrote.

They continued, "In sum, Judge Ouderkirk's ethical breach, considered together with the information disclosed concerning his recent professional relationships with Pitt's counsel, might cause an objective person, aware of all the facts, reasonably to entertain a doubt as to the judge's ability to be impartial. Disqualification is required."

In response to the previous ruling, an unnamed insider close to Pitt told People at the time the actor "has always wanted what is best for the kids, and to spend time with them."

Meanwhile, a source close to his ex-wife told the outlet that "joint custody is not the issue that Angelina objects to, there were other issues of concern, but the court proceedings are closed and sealed."

Brad Pitt
HOLLYWOOD, CALIFORNIA - FEBRUARY 09: Brad Pitt attends the 92nd Annual Academy Awards at Hollywood and Highland on February 09, 2020 in Hollywood, California. (Photo by Amy Sussman/Getty Images) (Photo by Amy Sussman/Getty Images