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Karina Babenok

Legal Battle Over Elon Musk And Grimes’ 3 Kids Continues, Lawyer Says Court Won’t Tolerate It

Negotiations between Elon Musk and Grimes over the custody of three of their children have failed, a lawyer told Bored Panda. Elon appeared in Travis County family court in Austin, Texas, USA, on Friday (August 2) amid an ongoing custody dispute with the singer, whose real name is Claire Boucher.

Elon and Grimes both cited security concerns about the three children and intense privacy matters surrounding the case, as State District Judge Catherine Mauzy reportedly ordered the public out of the courtroom.

The former couple have been in an ongoing custody battle since September 2023 over the three children they share: three-year-old X Æ A-12, also known as baby X, two-year-old Exa, and one-year-old Tau, Business Insider (BI) reported Friday.

The billionaire and the musician filed lawsuits against one another in two different states: Elon in Texas and Grimes in California.

Negotiations between Elon Musk and Grimes over custody of three of their children have failed, a lawyer told Bored Panda

Image credits: Samuel Corum/Bloomberg

The two pair, who were in a relationship from 2018 to 2022, met in Austin on Friday to address a series of motions, including one brought to halt the proceedings temporarily.

“We’re going to be getting into many details related to these children,” Lindsey Eykel, Elon’s attorney, said on Friday, as per BI

Grimes’ attorney, Geoffrey Weisbert, agreed to the motion to close the courtroom, citing “security concerns” related to the children, some of which pertained to the case.

Image credits: grimes

The court meeting comes just days after Grimes’ mother, Sandy Garossino, accused the Tesla CEO of “withholding” the children from their mother.

Taking to Elon’s social media platform X (formerly known as Twitter), Sandy wrote: “She was thrilled for the kids’ planned visit to celebrate her birthday this weekend. Today. But those hopes were crushed when the trip was canceled.

“I am alarmed to learn that the children cannot come as you are withholding them and their needed passport documents from Claire.”

Elon appeared in Travis County family court in Austin, Texas, USA, on Friday (August 2) 

Vivian Jenna Wilson, Elon’s estranged daughter, echoed the same worries, as she wrote on Threads on July 27: “As you may or may not know, Grimes is currently in a custody battle with Elon over their 3 children. 

“What you probably don’t know, however, is that Elon has been illegally and continuously keeping their children, her children, away from their mother during the most important developmental period in a child’s life.”

Image credits: Maja Hitij/Getty Images

“This is potentially irreversibly damaging to a child’s psyche and is, without question, a despicable form of abuse. This is not the first time this has happened and if nothing changes, likely not the last.”

Austin-based family law Attorney Holly Davis of Kirker Davis, who has extensive experience with Texas child custody laws and with high-net-worth divorce cases, offered an analysis of the ongoing case.

Holly shared: “My sense is that negotiations between the parties have failed, and today’s hearing was an opportunity for Musk to explain his reasons for withholding the child from Grimes and for the Court to determine what, if any, custody schedule and conditions will be in place to ensure the child’s safety while in both parent’s care.”

There is an ongoing custody dispute with the singer Grimes, whose real name is Claire Boucher

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According to the expert, sometimes parents withhold the children to gain an advantage at a future custody hearing while claiming that they are the primary parent of the child based on the number of days they had with the child, albeit under protest.

“This type of strategy has an expiration date, and it’s usually the date of the Temporary Orders Hearing when the parent whose time was withheld describes and proves the pattern of withholding by the other parent,” Holly explained. “Rarely do those withholding situations yield a massive victory for the withholding parent. Texas courts promote access to both parents during custody disputes.”

The lawyer continued: “This appears to be a possession and access dispute, with Grimes and her family members wanting more time with the children, perhaps beyond what the parties had once agreed to or beyond what had been Court ordered.”

Image credits: Kevin Tachman/Getty Images

The former couple have been in an ongoing custody battle since September 2023

Elon, who has 12 children with three different women, was spotted partying with X in the crowd at the 2024 Paris Olympic Games on July 26.

“If Musk is withholding the child from his mother without a reason, this Court specifically will not tolerate that type of behavior and will put orders in place outlining which parent sees the child on which days,” Holly informed. 

Image credits: grimes

She continued: “If Musk is withholding the child for safety purposes, this Court will likely put into place safety assurances or injunctions (prohibiting a parent from doing something unsafe during their time or setting up conditions for possession to ensure safety) and still allow the child to visit with their parent.

“Travis County judges do not promote street justice whereby a parent just refuses to allow another parent to see their child without a Court order allowing them to withhold the child. 

“Even when those court orders are in place, they are temporary and expire 14 days after their issuance, at which time the Court holds a Temporary Orders hearing to give everyone a chance to speak [and] answer questions, and then, custody rules are put in place by the Court.”

Elon and Grimes share three children: three-year-old X Æ A-12, also known as baby X, two-year-old Exa, and one-year-old Tau

Holly revealed that the outcome of the hearing will likely be possession by both parents at various times during the year, taking into consideration the fact Elon and Grimes live in different areas or may be bicoastal.

“Elon cannot end up in jail if there were a Court order that he violated. He may be sanctioned financially by the Court, or Grimes may be awarded make-up periods of possession,” Holly told Bored Panda in an email. 

She further explained: “If there was not a Court order or agreement in place and there’s just been a claim of withholding by Grimes, but there never was a written or cohesive possession agreement, then no one will likely be punished because there is no agreement to enforce, and a Court will put some rules in place about possession.”

Image credits: Domenico Cippitelli/NurPhoto

According to the lawyer, Grimes would lose custody only after a lengthy legal process if there were serious drug, physical violence, or alcohol concerns and only if she did not improve her issues over the course of the lengthy legal process.  

“Family law courts give parents the opportunity to rehabilitate themselves and gain time back with their children,” Holly added. “If Elon has evidence of any of those issues, he would have to present them to the Court, and the Court would determine if they are legitimate and include some safety provisions in a possession schedule.”

The lawyer concluded: “It is highly unlikely that Elon or Grimes lose the ability to parent their child. They will likely just be given rules around possession times and decisions that can be made by either or both parents regarding educational, medical, surgical, and psychological decisions for the child.”

“She deserves peace,” a reader commented

Legal Battle Over Elon Musk And Grimes’ 3 Kids Continues, Lawyer Says Court Won’t Tolerate It Bored Panda
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