Lawyers for the "Once Upon a Time in Hollywood" star filed a petition on Wednesday (01Sep21) in California, requesting a review of last month's (Jul21) decision.
On 23 July, Judge John Ouderkirk, who had ruled in favour of Pitt being granted more time with the children he shares with Jolie, was disqualified because he failed to disclose he had previously worked with Brad's legal representatives on unrelated cases.
Wednesday's filing, obtained by People, argues that disqualifying the judge "effectively upended the constitutionally authorized temporary judging system in California" and now "throws open the door to disqualification challenges at any point during a case, even if the party raising the motion has long been on notice about the alleged grounds for disqualification."
Jolie's lawyers suggested that Ouderkirk's failure to disclose his relationship with Pitt meant he could not be impartial in the custody case. However, attorneys for the "Fight Club" star claim in the new petition that the "Maleficent" actress had been "made aware of Judge Ouderkirk's significant professional history with Pitt's counsel from the very start" of the custody case, but waited years to ask that he be disqualified.
In a statement to People Pitt's attorneys revealed they are seeking a review of the case, insisting Ouderkirk had been "improperly disqualified."