Court documents filed on Monday, November 16, ruled that the Ouderkirk, who married the pair in 2014, will still be a part of the case.
"The Statement of disqualification seeks the disqualification of the temporary judge assigned to this case, Judge John Ouderkirk (Retired), pursuant to Code of Civil Procedure section 170.3, subdivision (c)(1). For the reasons set forth in detail, this court finds that Judge Ouderkirk is not disqualified from serving as a temporary judge in this case. Therefore, the Statement of Disqualification is DENIED," the documents read.
According to the legal papers, Ouderkirk revealed his involvement with Pitt's attorney's law firm before he was assigned the case, and Jolie’s bid is "untimely," as the brunette beauty was aware of his appointment for over two years.
In August, Jolie alleged that Ouderkirk "failed to make timely mandatory disclosures of ongoing business and professional relationships between himself" and Pitt’s attorneys. The Hollywood star claimed Ouderkirk was "biased."
Pitt’s legal team responded several days later and claimed Jolie's move was "a thinly-veiled attempt by Jolie to delay the adjudication of long-pending custody issues in this case."
Pitt’s team called Jolie’s filing a "Hail Mary" and argued that Ouderkirk had "accepted additional new engagements involving opposing counsel," and the matter had been "fully disclosed to Jolie," adding she "has never objected to Ouderkirk's continued involvement in this proceeding until now."
Jolie shot back again later in August and said, ”It does not matter what other matters (especially past relationships) had been disclosed."
"What matters is what was not disclosed. What matters is the undisclosed recent relationships between Pitt's counsel and Judge Ouderkirk," she added.
Although the divorce between Pitt and Jolie is not finalized, they were legally declared single last year after the Salt star filed for divorce in 2016. The couple met on the set of Mr. and Mrs. Smith in 2004 but stated dating after Pitt and Jennifer Aniston divorced in 2005.
"Brad is asking for 50/50 custody to be put in place and stay in place," a source told Entertainment Tonight last month. "Angelina wants to be fair when it comes to custody. She is very structured with the children. Brad has high hopes they can try to make it work because of the importance of co-parenting."
"Brad, for the most part, has been respectful of Angelina’s parenting," the insider said. Although he doesn't agree with some of his ex's parenting methods, “he knows she loves the kids and wants the best for them. He also knows his love and presence are needed.”