Celebrity Divorce

Sam's birthday was yesterday ... and we're told Denise was steadfast -- she was not going to let Charlie into her house to see the children because of Charlie's craziness. Turns out that wasn't a problem, because Charlie never came. He called in the evening to wish Sam a happy birthday, but that was it.

But now Charlie wants to have a big party at his house this weekend, celebrating Sam's birthday, and inviting all her friends. We're told Denise is scoffing at the invitation and says Sam isn't going, nor are any of her friends.

We're told Charlie is gearing up for a fight -- possibly a legal fight.

Both sides have been trying to hammer out a custody settlement for nearly a week, but negotiations have stalled. Charlie's lawyers threatened to go to court earlier in the week, but they thought a deal might be close. Now, it seems, it's not in the cards.

Sources connected with Charlie tell us ... if his lawyers go to court tomorrow and try and undo the restraining order that is keeping him from his kids ... they will pull out the big guns and expose Brooke's drug issues.

Tick tick tick.

Wentz just filed legal papers in response to Ashlee's divorce petition ... asking the judge for JOINT physical and legal custody of their son. In her divorce petition, Ashlee checked the box that indicated she wanted primary physical custody.

According to the docs, filed in L.A. County Superior Court and obtained by TMZ, Wentz also wants each party to pay their own legal fees ... even though Ashlee asked the court to make Pete foot the bill for both sides.

And while Ashlee didn't specify the official break-up date in her papers -- Pete says the two called it quits on Feb. 9 ... just days after Pete came home from a wife-less trip to Dallas for the Super Bowl.

We're told the lawyers have been negotiating all day and have made progress, but they haven't finalized a deal. Rather than battling it out in court, the attorneys are banking on reaching a settlement soon.

Charlie's team gave notice Monday morning they were going to court Tuesday, but the hearing is now off the table ... at least for now.

As we previously reported, attorneys for both sides had been working on settling the custody dispute over the weekend ... but negotiations eventually stalled on a few key issues ... one of which was having a monitor present when Charlie had the twins.

Sources connected with the case tell us ... Charlie's lawyer just gave Brooke's attorneys notice that they will ask a judge Tuesday to undo the restraining order prohibiting Charlie from seeing his kids.

TMZ broke the story ... settlement negotiations between Brooke and Charlie stalled this weekend because of several issues, including a requirement that a monitor be present when the kids are at Charlie's home.

We're told several issues stand in the way of a settlement. For starters, Brooke insists that a monitor be present whenever Charlie has the kids at his house. And Brooke wants to make sure any current or future goddesses are blocked from exercising parental responsibilities.

We're told both sides are gearing up for a court fight on Tuesday. In order for that to happen, Charlie's lawyers must give Brooke's lawyers notice by 10:00 AM Monday.

Stay tuned

We're told Charlie has gone on an attack campaign against Denise in the last two weeks, accusing her of being an awful mother, a loser, and wishing her a slow death.

We're told Charlie is particularly enraged at Denise because yesterday he asked her to bring the kids over to his home to shoot a segment for "Dateline" today. We're told Denise refused to bring the kids over, and Charlie went ballistic.

Brooke -- along with her twins Bob and Max -- hit up Johnny Rockets at The Grove in L.A. -- a place popular with stars and the paparazzi -- where they dined on french fries and other '50s-inspired cuisine.

Denise, we're told, is "disgusted" with Charlie and the way he's living, and believes he would put 6-year-old Sam and 5-year-old Lola at risk.

Denise thinks Charlie is unstable, but also thinks the goddesses should not be anywhere near her kids -- partly because of allegations that at least one of them may be using drugs.

We're told Denise believes Brooke Mueller's allegation that on the way to the Bahamas, Charlie told everyone he "violently" hated Denise and was going to have her hair shaved off.

We're told the day before Charlie allegedly made that comment, he had asked Denise to sit for a photo shoot with him, their kids, Brooke and her kids, along with the goddesses -- and she refused.

We're told Charlie went ballistic at her, sending her vicious text messages, so she believes Charlie was in a state of mind to make the head-shaving comment.

As one source says, Denise just doesn't trust Charlie.

Charlie tweeted a short time ago he and Brooke reached a verbal deal that would have restored the custody arrangement the two of them struck in their divorce settlement.

But sources tell us ... the first term in the deal was that Charlie not talk to the media about the agreement. We're told Brooke's lawyers are scratching their heads in amazement that Charlie immediately violated that term by tweeting about it and talking about it on a Philadelphia radio station.

We've also learned ... the verbal agreement is not as Charlie stated -- in other words, it's not restoring the custody agreement they agreed to in the divorce. Sources tell us ... the deal required that when Charlie had the twins a monitor would be present.

As for the goddesses, we're told although Brooke does not want them banished from the house, she will not allow them to become mommy #2 and 3.

So it's Charlie's move now ... and it's likely they'll all be in court on Monday.

There were reports Brooke Mueller did not want Bob and Max around the goddesses, but our sources say Brooke was never concerned about the two women being around the kids. Her concern was Charlie's erratic behavior and his alleged threats.

Sources connected with Brooke claim Charlie has squarely violated the divorce settlement he signed, which provides in part, "Charlie agrees to not disclose to any media sources personal information relating to Brooke's alleged drug usage."

Charlie has told TMZ, NBC and others that Brooke has been doing drugs.

We're told Brooke's lawyers will go back to the family law judge and ask that Charlie be slapped with contempt.

If the judge finds Charlie in contempt, worst case scenario, he could be sentenced to 6 months in jail.

Charlie's kids were taken from his home last night after Brooke Mueller obtained a court order which temporarily stripped Charlie of any custodial rights.

Charlie sent a nanny over to Brooke's home in the Los Feliz area of L.A., to check on the kids, but no one was there.

Charlie believes Brooke is on crack cocaine and feels she's a danger to the twins.

Brooke went to the Beverly Hills Police Department a short time ago to ask for help in getting the kids, but she was told Charlie doesn't live in Bev Hills so she was at the wrong police department.

Mike Walters from TMZ was at Charlie's house yesterday and saw the twins there. We're told the twins are living with Charlie full-time ... sources connected with Charlie say he's worried about her sobriety.

We're told Brooke was supposed to spend two hours with the kids today.

His ex Mary Lee Harvey tells TMZ, she was served the Thursday after V-Day "with a box of chocolates, a Valentine's Day card, and a notice saying you are going to be required to come back to court on March 10."

As we first reported, Steve obtained the injunction against Mary earlier this month -- after she posted
a number of incendiary videos about him on the Internet ... accusing him of leaving her homeless, stealing her money, and turning their son against her.