Grimes is seeking to dismiss the parental rights lawsuit that her ex Elon Musk filed in Texas last month, claiming she and the tech giant’s three children no longer live in the state.
In her Oct. 6 filing obtained by Pvnew, the Canadian songstress claims she and her kids Tau Techno Mechanicus and Exa Dark Sideræl, both 1, moved to California “on or about” Dec. 31, 2022, disputing Musk’s claim that the family lived in the same home in Texas from May until July of this year.
She also alleges in the court docs that the SpaceX co-founder spends plenty of time on the West Coast, arguing that he is there two to three days a week.
In contrast, Musk, 52, is only in Austin, Texas, where he filed the suit, about 46 percent of the time, Grimes estimates.
The “Genesis” singer concludes that she “had and continues to have no continuing, systematic or minimum contacts with Texas.”
“The court’s assumption of jurisdiction in this proceeding is inappropriate due to the specific facts and circumstances of the parties to this suit, and would offend traditional notions of fair play and substantial justice,” she states.
Grimes’ motion to dismiss the child custody case due to a location dispute is reminiscent of Sophie Turner’s reasoning for requesting to toss out Joe Jonas’ recent divorce filing in Miami.
The “Game of Thrones” star, 27, previously claimed that the Jonas Brothers member, 34, should not have filed in Florida since they had not been full-time residents there since earlier this year.
Turner and Jonas ultimately agreed this week, after four days of mediation, to resolve their issues outside of court and dismiss the Miami case altogether.
It is unclear where Musk stands on Grimes’ latest motion. Neither his reps or attorney has responded to Pvnew’s requests for comment.
However, the Twitter owner previously accused his ex of “attempting to circumvent the jurisdiction” of the Texas court by declaring herself a non-resident of the state.
He claimed in his Sept. 13 filing, which was previously reviewed by Pvnew, that he had taken “actual care, control and possession of each child since the birth of each child,” noting more specifically that the care has taken place in Texas, where he allegedly resides full-time, for at least “six consecutive months.”
Grimes then filed her own parental rights lawsuit in San Francisco just days later on Sept. 29.
The “Oblivion” singer submitted a “petition to establish parental relationship” in California, per Insider.
She also reportedly requested physical custody of the three kids and a “standard restraining order” that would prevent either her or Musk from moving them out of California.
Her rep did not immediately return Pvnew’s request for comment on the latest filing.
Grimes and Musk dated off and on from 2018 until their split in March 2022, shortly after the singer welcomed Exa via surrogate.
Their youngest son, Tau, was born after Musk welcomed twins with his Neuralink executive Shivon Zilis in November 2021. The Tesla co-founder and Grimes also share 3-year-old son X AE A-XII.
