An L.A. judge on Thursday denied Paula Patton’s request to limit her ex-husband Robin Thicke’s joint custody of their 6-year-old child, Julian, after she accused him of physical abuse.
“The judge denied all of Paula’s requests for custody,” a source close to the situation tells PEOPLE. “She wanted more custody because of her allegations of physical abuse, which are untrue and unfounded.”
Reps for Thicke, 39, and Patton, 41, have not responded to requests for comment.
In legal documents obtained by PEOPLE, Patton claims she’s “become concerned about [Robin]’s drinking and drug use, as well as the forms of punishment he is using to discipline Julian” over the past year.
Patton claims after Julian showed her how Thicke spanked him, she responded with an “ow,” and added that “Julian said it was worse than that,” according to the outlet.
According to the document, the former couple’s physical custody agreement gives Thicke overnights with Julian every Thursday, Friday, and Saturday. The pair’s divorce was officially granted last March after a year-long separation.
In his declaration, Thicke claims Paula “holds residual anger” towards him because he and his family “would not permit her or her family” to attend the funeral of his late father, Alan Thicke.
“Paula did not have a positive relationship with my father and often made negative comments to me about my father,” says Thicke in the legal doc. “As such, she was not welcome at his funeral. It is my belief that Paula only wanted to attend because it would have resulted in additional public exposure for her.”
Saying he has “on a very rare occasion, and only as a last resort,” used “light spanking” with Julian per his agreement with Patton during their marriage, Thicke insists he has “never exceeded age-appropriate discipline.”
In his declaration, Thicke claims he has not had physical contact with Julian since Dec. 31, and that after Julian’s first day back at school on Jan. 3, Patton refused to let father and son FaceTime in private.
Two days later, Patton allegedly told Thicke that Julian had informed school officials he had been spanked and that he was “scared” of his dad. The school principal told Thicke on Jan. 6 a report had been made to L.A.’s Department of Children and Family Services. (DCFS declined to comment citing client privacy).
Patton claims in her declaration that the school’s principals “advised” her about “comments and statements Julian made to them about the way Respondent hits and punishes in private.” The actress adds that she told them she “had been hearing the same things, and that I did not know how to handle and was very concerned.”
Patton adds that Julian’s “behavior has become very concerning,” and that the child has “become very tense,” disappears into “what appears to be a trance” and has developed a “slight stutter.”
According to Thicke, Patton refused to let him speak to Julian — despite repeated attempts to call or FaceTime — until Jan. 9, when “Paula finally called me.”
“We spoke for a couple of minutes during which time I told him that I loved him, everything will be ok, he had done nothing wrong, and that I was excited to see him later in the week,” says Thicke in the declaration.