Robin Thicke is facing a major setback in his bitter custody battle with ex-wife Paula Patton.
The singer’s lawyer appeared in front of an L.A. judge Thursday morning to request complete temporary sole custody of Thicke’s 6-year-old son Julian, but the star instead lost custody temporarily and was ordered to stay away from his son and ex-wife, court documents obtained by PEOPLE confirm. In her request for a restraining order, obtained by PEOPLE, Patton claims Thicke cheated on her, punched and kicked her during their marriage and recently stood outside her mother’s house for two hours demanding to see Julian.
“Paula never reported any domestic violence until she was in a position of contempt by violating the custody orders,” Thicke’s lawyer Angela 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. “The Department of Community & 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 says 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, but a DCFS spokesperson could not confirm or deny an existing investigation into Paula because of confidentiality laws and added that “in general, anyone can call in our hotline and report any kind of child abuse — and that doesn’t include emotional abuse.”
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 slammed Paula’s claims in his declaration, saying he has only used “light” spanking on his son per previous agreements with Patton during their marriage.
Thicke also claimed that he had not had physical contact with Julian since Dec. 31. He also maintains that after Julian’s first day back at school on Jan. 3, Patton refused to let father and son FaceTime in private.
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. Per the terms of their physical custody agreement, Thicke was granted overnights with Julian every Thursday, Friday and Saturday. 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.