Jason Sudeikis has lost his petition to take the children he shares with Olivia Wilde to New York.

According to court documents obtained by Page Six, a judge dismissed the Ted Lasso star’s request to uproot his children from their current home in Los Angeles.

Sudeikis and Wilde have been co-parenting their two children - Otis, eight, and five-year-old Daisy - since calling off their engagement in 2020.

Despite the court documents stating that Sudeikis had previously agreed to send the children to school in LA, the actor filed a motion in October 2021 to bring them to New York with him.

“For better or worse, I am a New Yorker,” Sudeikis said in the filing.

Wilde’s legal team made a bid to legally dismiss the case on 18 May.

Danielle M. Rodriguez, Esq. Court Attorney-Referee signed a ruling on 5 August dismissing Sudeikis’s request.

The ruling read, “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.”

Referencing Sudeikis’s plan to move the custody battle to New York, the ruling continued, “Therefore, for the reasons stated on the record on July 15, 2022, respondent’s motion to dismiss the custody petitions filed on October 21, 2021 is granted as 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.”

In April, while on stage at CinemaCon in Las Vegas promoting her new movie Don't Worry Darling, Olivia was served custody papers.