Adrienne Maloof, Paul Nassif in Court: Judge Denies Nassif's Emergency Custody Request

Real Housewives star's estranged hubby had claimed his wife was verbally, physically abusive toward him in front of their three children

By Natalie Finn, Claudia Rosenbaum Sep 08, 2012 12:50 AMTags
Paul Nassif, Adrienne Maloof Jesse Grant/WireImage

Adrienne Maloof and Paul Nassif don't need cameras around to crank up the drama.

A judge on Friday denied Nassif's emergency petition regarding custody of their three children, disagreeing with the Real Housewives of Beverly Hills hubby's claim that the kids are at risk of harm when in their mother's care.

Maloof and Nassif, by the way, not only share custody—they still share a home. Nassif referred to their living situation in court documents obtained by E! News as their "nesting arrangement," and stated that he didn't want the other parent in the house on days when he or his soon to be ex-wife was responsible for the kids.

Maloof's attorney, Patricia Phillips, tells us that her client was very pleased with Judge Ralph Hofer's decision not to alter their current "2-2-5" agreement, which will remain in place after one of the parents relocates.

At today's hearing, Nassif's lawyer, Lisa Helfend Meyer, had argued that Maloof exhibited a pattern of physical and verbal abuse against her estranged plastic-surgeon hubby that was being witnessed by their sons, 9-year-old Gavin and 6-year-old twins Christian and Collin.

Maloof has "denigrated me in front of my children, calling me a moron, stupid and dumb," Meyer read aloud from her client's declaration in court. She also told the judge that Maloof had taken a gun out of a briefcase in their bedroom and snapped a photo of it.

"We don't know what she intends to do with the gun," Meyer said.

She went on to accuse Maloof's camp of leaking personal details about Nassif and their relationship to the media. Also, Meyer said, her client received emails from his kids' caretakers after he got to court today stating that the kids had been taken out of school and didn't show up at a dentist appointment their dad had scheduled.

"It appears Ms. Maloof has impulse control problems," Meyer said, adding that Maloof had also fired 9-year-old Gavin's "therapeutic companion." The revised joint-custody arrangement states that Gavin can undergo, at his father's request, a  "psycho-educational evaluation" to be paid for by his parents and that the court will be appointing a child-custody evaluator to review their situation.

In a declaration included in Nassif's filing, family employee Darren Hill stated that Nassif is a "good, loving and involved father" whom he had never witnessed being physically abusive to Maloof. Hill further stated that he has seen Maloof hit and scratch Nassif on the neck.

"All Paul did was yell 'bitch' and hold up his hands in defense to stop the physical altercation," the declaration continued.

Shelly Tamayo and Lolina Luna, both of whom stated their occupations as housekeeper/nanny for the family, also gave declarations stating that they had seen visible scratches on Nassif on "many occasions" after arguing with Maloof.

Maloof's attorney, meanwhile, insisted that the kids were perfectly safe.

"There is no emergency, no immediate harm...Nothing should be done at this time," Phillips said.

Nassif filed for a legal separation on July 30, then switched to divorce proceedings on Aug. 28.

Both he and Maloof were instructed to refrain from disparaging each other in front of their kids or in the media.

UPDATE: Maloof fired back with her own filing on Sept. 10, claiming Nassif is the one with the violent temper and that their son doesn't need a psych eval.

Nassif carries a gun in his briefcase and "regularly behaves in an irresponsible manner," she states in court documents. She photographed the gun, as Nassif stated in his custody filing, to proved its existence, Maloof maintains. "Having a gun near the children, or even in my home, frightens me greatly," she states.

Maloof also alleges that Nassif also lost one of their sons in the wilderness for 45 minutes on one occasion due to his poor parenting skills and lack of judgment. The boy wandered back to camp on his own, she claims.

She alleges that he has in the past shoved her to the ground during fights and violently yanked their children's arms.