A judge has denied Ant Anstead's emergency request for full custody of his two-year-old son.
The 'Wheeler Dealers' host filed an emergency order seeking sole legal custody over Hudson but a Superior Court judge in Orange County, California denied the request because the 43-year-old star failed to prove there were critical circumstances concerning the child and didn't give his ex-wife, the toddler's mother Christina Hall, enough notice.
A hearing has now been set set for June 28, which will allow both Ant and Christina to appear and present arguments over whether there should be a change to the custody arrangement.
If the order had been granted, Christina would only receive visitation rights and would not legally have to be consulted in any major decisions relating to the youngster's care.
The star claimed he has been the "primary parent" to Hudson and alleged 38-year-old Christina - who also has Taylor, 11, and Brayden, six, with ex-husband Tarek El Moussa - has spent an "average of nine full days each month over the last 20 months and an average of seven full days per month in 2022" and so asked for her to be given a "regular" custody schedule of "alternating weekends" from 6 May 2022, "in California only, and except for vacations."
Documents obtained by People magazine stated: "This will allow Christina's time to be stepped-up over the next several months to match the schedule she has with her other children."
Christina has been left "deeply saddened" by the move and insisted Ant - who is dating Renee Zellweger and is also dad to Amelie,18, and Archie, 15, from his marriage to Louise Storey - should have handled the matter privately.
She said: "What Ant is doing deeply saddens me. If this was really about Hudson, as he says, this should have been handled privately with a private judge or mediation, as myself and my attorney have suggested.
"I have had my share of ups and downs but I am a good mom and I love my children with all my heart and I will always protect them."
The pair's divorce was settled last July almost a year after their split and the pair were given joint legal and physical custody of their little boy.
Ant previously insisted the couple were able to co-parent amicably.
He said last year: "There's never been a scenario where I've asked for him and not had him and vice versa."
Christina - who recently married Josh Hall after a year of dating - echoed his sentiment.
She has said: "The kids come first for all of us. That's how it will always be."