Jennifer Hudson Drops Emergency Order of Protection Against Ex David Otunga, Retains Custody of Son: Source
According to court documents, Hudson, 36, motioned to have the order vacated on Monday in Cook County, Illinois, and a judge signed off.
The Blast — which first reported the news — said that Hudson voluntarily opted to remove the emergency protection order and that Otunga, 37, agreed to never return to his ex’s home.
Under the order of protection, Otunga was not entitled to any parenting time with the former couple’s son, 8-year-old David Jr., until their next court date. Also, any time with the boy would have required Hudson’s written approval. Now that the order has been withdrawn, a source tells PEOPLE that the pair will be working together to look after David Jr.
“This wasn’t a victory for David [Sr.],” says the source. “Jennifer dropped the order so they could remove the matter from the courtroom and work together to do what is best for their child.”
According to the source, Hudson is currently acting as the primary caregiver for David Jr, assuming any childcare costs that may arise.
Just last week, Hudson agreed to modify her order so that David Jr. could spend Thanksgiving with Otunga. Otunga’s initial request on Nov. 21 to have the protective order thrown out so he could be with his son was denied in court.
Representatives for Hudson and Otunga have yet to reply to PEOPLE’s recent request for comment.
Hudson, 36, announced the end of her 10-year relationship to Otunga exclusively to PEOPLE on Nov. 16, revealing that she had been granted the emergency order. In her request for the order, she accused Otunga of ongoing harassing and threatening behavior and claimed he once pushed her inside their home.
“I am now living in fear of further action David might take,” The Voice star said in her request for the order. Otunga has denied any claims of abuse or harassment via his lawyer, who told PEOPLE he plans to file for primary custody.
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“Mr. Otunga wants to make it very clear that he denies each and every allegation contained in that petition. Mr. Otunga is now and has always been the primary caregiver of the parties’ son,” his lawyer, Tracy Rizzo, previously told PEOPLE.
The next hearing to address custody is scheduled for Dec. 7.