Nearly five years after filing for divorce, Angelina Jolie and Brad Pitt have yet to settle their divorce. A legal expert recently said, “Angelina Jolie made a mistake by forcing the children to testify against Brad Pitt in order to gain custody of them.”

Child custody

In fact, many legal experts believe that Jolie’s solution is completely detrimental to the children who are about to become adults. Peter Walzer, a Los Angeles-area family attorney who has handled celebrity divorces, said they expressed this for a number of reasons, in addition to the fact that a 50/50 custody agreement is “standard operating procedure” for most divorces in California.

Walzer and Daniel Nottes, a New York-based family law attorney, both expressed frustration that the actor, director and UN humanitarian pressed the court to require Jolie’s teenage children to testify about their experiences with Pitt and their parents’ marriage.

Attorneys say testifying in divorce cases can be traumatic for children and teens. Sharing personal information can make them feel like they are testifying for one parent against the other, even though both are their parents.

“Jolie is spending a lot of money to continue to pursue the case,” Walzer said. “She’s trying to get the kids to take her side, which is completely wrong.”

Another reason Walzer and Nottes are concerned about Jolie’s solution is that her children are growing up, making it increasingly difficult for courts to enforce the usual custody issues of where the children will live and how much time they will spend with one parent.

Their oldest son, Maddox, 19, is in college and is no longer a minor and therefore not part of the custody agreement. Meanwhile, their three other children — Pax, 17, Zahara, 16, and Shiloh, 14 — are minors.

“When kids get into their teens, there’s only so much the courts can do to get them to spend time with their mom or dad,” Nottes said. “Sometimes they don’t want to see their mom or dad, they want to spend time with their boyfriend or girlfriend. They want to play sports or be with their friends. The courts try to do what’s best for the kids, but they understand that when they’re 15, 16, 17, there’s not much the courts can do at that point.”

The custody battle has been ongoing between the former Hollywood power couple since the filing in 2016. In addition to custody, the couple still needs to settle their finances for their joint assets, which could be worth hundreds of millions of dollars. Judge Ouderkirk’s custody order has been issued but is “tentative,” which allows either party to request a modification. Mediation rather than harassing the kids?

In her appeal, Jolie claimed that Ouderkirk denied her a fair trial. Ouderkirk is a private judge hired by Jolie and Pitt to oversee their case outside of the regular courts.

In her appeal, Jolie said her main complaint against Ouderkirk was that he would not let her minor children testify. Nottes said Ouderkirk likely said no to children testifying because judges often try to limit children’s exposure to contentious court disputes.

“I think judges are always skeptical of a parent pushing a child to testify in court and wondering why a parent would want that,” Nottes said. “There have been cases where children have gone to court to testify against a parent, and it’s a very traumatic experience that they will live with forever. Judges have their discretion, and many judges will try to keep children out of court.”

In her appeals court filing, Jolie cited California law that says children 14 and older must be allowed to testify if they want to. Walzer, who participated in the landmark 2010 Elkins Family Law Task Force on reforming California’s family law courts, said the child testimony statute is well-intentioned. It’s meant to give children a voice in matters that affect their lives.

But more than anything, judges must put the well-being of the children first and determine if there is a less traumatic way for them to still have a say,” Walzer said. The children can share their concerns with a mediator, a psychologist, or in a one-on-one meeting with the judge.

Oudekirk is known as a “careful” jurist in Los Angeles legal circles, Walzer said, meaning he “may have assessed the situation and determined that the children’s testimony was not appropriate or necessary.” A judge may make that decision if he is concerned that a child is not emotionally ready or mature enough to testify. Or he may be concerned that the child is being coerced by a parent into testifying in some way.

Another complaint Jolie has against Ouderkirk is that he will not let her introduce evidence about Pitt’s alleged history of domestic violence. Walzer and Nottes said, Allegations of domestic violence are common in contentious custody cases. Courts will deny custody to a parent who is proven to pose a risk to the child’s safety.

Jolie reportedly filed for divorce days after the confrontation broke out on a private flight carrying Jolie, Pitt, and their children from France to Los Angeles. Pitt was accused of abusing Maddox, then 15, during the flight.

At the time, Jolie’s attorney said she sought a divorce “for the health of the family.” But investigations by child welfare officials and the FBI were closed without charges being filed against the actor. Pitt also gave an interview in which he admitted that his anger and alcohol abuse contributed to the divorce. At the same time, Pitt insisted that he had recovered to address his issues and become a better father.

A source close to Jolie told Page Six Friday that she has never wanted to deny the children’s relationship with their father. “The focus of this dispute is not about keeping the children away from their father, but Angelina’s request to care for her family,” the source said. “It’s sad that Brad’s people are gloating about a victory over a system that is trying to protect families and children from harmful health issues. This is not something to brag about.”

“The fact that Jolie has gone through different lawyers is a sign that the actress needs to make her own way and is not willing to give up,” Rickert said. As for Walzer, he said the divorce is not about the children. Jolie and Pitt can sit down and work it out. Unfortunately, Pitt may have done something to drive Jolie crazy.