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Brad Pitt files emergency motion to seal custody documents after disagreement

ETOnline logo ETOnline 7/12/2016 Antoinette Bueno
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Brad Pitt requested an emergency hearing to seal all documents related to his custody case with his ex, Angelina Jolie, but was denied by a judge on Wednesday.

Pitt's attorney, Lance Spiegel, was in court on Wednesday, as was Jolie's attorney, Laura Wasser. The judge denied the emergency hearing on the motion to seal the documents, since he didn't think the issue warranted an emergency hearing.

Wasser appeared happy following the decision, telling ET outside the courtroom, "We won."

A source tells ET that Pitt filed the motion to seal the documents following the release of the family agreement "because he wants to keep this custody battle out of the public eye to protect his children."

"Privacy is beneficial to the entire family," the source adds.

But court documents obtained by ET on Wednesday also reveal more on Pitt and Jolie's custody battle. Pitt's court declaration states that the two have been unable to agree on a custody schedule, and that Pitt intends to "file a Request for Orders unless an agreement is reached."

In addition, Spiegel's court declaration, also obtained by ET, alleges that Jolie publicly filed court papers on her and Pitt's temporary custody agreement from October on Dec. 2 without Pitt's knowledge. Pitt's lawyer claims the court filing was a reactionary move to Pitt asking for more time with their six children -- Maddox, 15, Pax, 13, Zahara, 11, Shiloh, 10, and twins Knox and Vivienne, 8. Spiegel writes that he and Wasser discussed custody proposals the week of Nov. 28, before Jolie publicly filed the papers.

"Based on Ms. Wasser's email dated Dec. 2, the unauthorized filing of the October Stipulation was caused by [Jolie's] reaction to having advised her counsel that [Pitt's] time with the children be increased," Spiegel's declaration reads. "There is an inescapable inference that the filing was in response to my having broached the subject of increasing [Pitt's] access to the children."

A separate source confirms that Pitt was requesting more time with the children outside of the agreed-upon process. "Brad was attempting to set up his own schedule with the children," the source tells ET. "He was not relying on the advice of the healthcare professionals of what should be done. In order to keep everything in line with the custody agreement, it had to be reinforced in court. Therefore, that forced Angelina's side to file it within the courts."

The source adds, "As the document states, their custody agreement was already legally binding -- the only reason to formally file it with a court would be to enforce the agreement because one of the parties was trying to change it and that is what was happening."

"There have been many reports that Jolie wants to keep these documents public to make Brad look bad, that is false," the source also clarifies. "Jolie's team is not opposed to sealing the documents. However, her team was not consulted before Brad's team called this emergency hearing."

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Court documents obtained by ET on Monday on the custody agreement between Pitt and Jolie revealed Jolie has physical custody of their children. A team of five mental health professionals are also helping the family with "safe harbor therapy."

Meanwhile, Pitt will continue to have agreed-upon therapeutic visitations with the kids, as determined by the family's therapist who "shall at all times consider the best interests of the minor children," according to the documents. Pitt will also continue to participate in random drug and alcohol testing, as well as weekly individual and group therapy. The children will also continue to participate in individual counseling.

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