January 26, 2017 07:30 PM

 

Robin Thicke is facing a major setback in his bitter custody battle with ex-wife Paula Patton.

On Thursday morning, an L.A. judge granted Patton’s request for a temporary restraining order against Thicke, granting her sole custody of the couple’s 6-year-old son Julian until the next court date Feb. 24 and ordering Thicke to stay away from his son and ex-wife other than for supervised visitation with Julian, court documents obtained by PEOPLE confirm. In her request for a temporary restraining order, Patton claims Thicke punched and kicked her and cheated on her during their marriage, and recently stood outside her mother’s house for two hours demanding to see Julian.

Per the terms of Patton and Thicke’s physical custody agreement at the time of their 2015 divorce, Thicke was granted overnights with Julian every Thursday, Friday and Saturday. On Thursday, the judge gave Patton sole legal and physical custody until the next hearing on Feb. 24 and Thicke supervised visitation with Julian three days a week at a neutral location. Otherwise, he has to stay 100 yards away from Patton, Julian and Patton’s mother.

Thicke’s lawyer Angela Pierce di Donato blasted the development. “Paula never reported any domestic violence until she was in a position of contempt by violating the custody orders,” Pierce di Donato tells PEOPLE. “Infidelity has nothing to do with custody. She is attempting to throw anything at him to hurt him, but Robin’s focus is their son.”

“The Court issued temporary orders today based solely on paperwork,” she continues. “[L.A.’s Department of Children & Family Services] will be closing the physical abuse allegation against Robin as ‘Unfounded,’ but has added an emotional abuse allegation against Paula, which remains under investigation. We believe that DCFS sees the damage that Paula has done to Julian and will take appropriate action to protect him.”

However, a source close to the situation maintains the “investigation is ongoing, and any reports to the contrary are false. The DCFS doesn’t close an investigation into one parent and open one on another. There is no new investigation into Paula.”

Thicke’s lawyer claims that DCFS added the emotional abuse allegation. DCFS declined to comment citing confidentiality laws but said any investigation includes an assessment of the entire family.

Lester Cohen/WireImage

In court documents filed Jan. 12, Patton, 41, accused Thicke, 39, of physically abusing their son, which the “Blurred Lines” singer has adamantly denied.

In the documents, Patton claims she’s “become concerned” over the last year about her ex-husband’s “drinking and drug use, as well as the forms of punishment he is using to discipline Julian,” specifically spankings that made Julian “scared” of his dad.

Thicke denied Paula’s claims in court papers, saying he has only used “light” spanking on his son per previous agreements with Patton during their marriage.

Patton claims in her request for a temporary restraining order that on Jan. 19, Thicke tried to pick up Julian at her mother’s house and approached her in a way that made her “in immediate apprehension” for her safety. She says two DCFS workers brought Julian out to speak with Thicke for about 10-15 minutes.

Patton claims when Julian returned to the house, he was crying and upset that he had to go with Thicke. In the docs, Patton described Julian as being “extremely upset” and saying, “I don’t want to go!” She says Julian asked her if they could call 911.

Once the DCFS workers left, Patton claims Thicke began banging on the door to her mother’s house and demanded that Julian come outside. Patton claims Julian kept saying “911” over and over again and eventually, her mother called the police.

Patton says her attorney then called Thicke’s attorney to say the police had been called. Thicke’s attorney called back a short time later, Patton says, to say that Thicke was going to leave.

Thicke disputes that version of events in his own declaration filed with the court on Jan. 25. He claims Julian was ready to go with him, but Patton would not allow it and Patton’s mother called the cops on him.

Thicke says that rather than subject his son “to any sort of scene,” he just left, rather than create “a disturbance of any kind.”

Thicke says he has not seen his son since that day.

 

On Jan. 16, Thicke called authorities to Patton’s home after Julian missed his visitation with the singer the evening before and failed to arrive at school. A representative for the Los Angeles Sheriff’s Department’s Lost Hills station confirmed to PEOPLE that law enforcement officials were dispatched. The representative referred to the incident as “a non-event” but said “it involved a child not wanting to go with someone.”

Thicke’s lawyer previously said the singer was concerned about Julian’s well-being. “Julian only shows any evidence of emotional harm when questioned by Paula or in her presence,” said Pierce di Donato.

Countered a source familiar with the situation: “Julian has made it clear he does not feel safe in his father’s presence, a fact confirmed today by the Malibu Sheriff’s Department determination — with Mr. Thicke present — that the child needed to remain with his mother.”

Thicke and Patton’s divorce was officially granted in 2015 after a year-long separation. He is expected to make public appearances Friday and Saturday at the NHL 100 Gala, where he will honor his late father Alan Thicke, and at the NHL All-Star Celebrity Shootout as an assistant coach.

  • With reporting by SARAH MICHAUD

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