Custody Battles

11:11 AM PT -- Nick has filed legal docs asking the judge to penalize Heather's mother and aunt for allegedly conspiring with Heather to steal his child. He wants more than $10,000 in penalties and wants that amount to grow for each day she wrongfully keeps Barbie away from him.

Nick Cassavetes went on the attack against his baby mama because of a custody agreement she signed and then violated ... TMZ has learned.

As we reported, Nick told authorities in Oklahoma Heather Wahlquist was hiding their 13-year-old daughter, Barbie, somewhere in Norman, Oklahoma, despite the fact that their agreement gave him custody during the Xmas holiday.

According to the custody agreement, obtained by TMZ, Heather and Barbie were supposed to return to L.A. by December 18 and he would have custody through January 8. Nick claims Heather has been on the lam with their child, flagrantly violating the agreement.

Heather claims she signed the custody agreement under duress, claiming he was holding their daughter hostage until she put pen to paper and signed.

Heather claims the director of "The Notebook" did not properly care for Barbie, citing an incident a few months back when he returned Barbie to Heather and she had a severe bacterial infection that left her eyes blood red and oozing. She attributes the illness to Nick's "unkempt party house."

She has a laundry list of complaints against Nick, from substance abuse allegations to gambling. She also bizarrely claims Nick had a tattoo of him having sex with her mom doggie style which mortified their daughter.

Nick and Heather are due in court next week ... he's asking a judge to lay down the law and force Heather to comply with their agreement.

Nick Cassavetes' ex-wife has fired back at him after he accused her of stealing their child ... she says the famed director has engaged in shocking conduct that has forced her and her daughter underground.

Heather Wahlquist tells TMZ Nick is actually the one who stole the 13-year-old back in August, and claims it was done out of revenge.

Heather claims Nick sent a pic to their daughter showcasing his exposed ass. She also mentioned that he posted a meme of Kevin Spacey along with several games with the caption, "Who remembers having to blow these as a kid." The words are followed by emojis of women raising their hands.

She insinuates Nick is still upset she left him 5 years ago, saying he's now in a "revenge plot against my family and I'm terrified."

Heather says she spent Xmas Eve alone with 13-year-old Barbie, "scared that this will end bad." She claims Nick has parked outside her home, "taking pictures of us and following us all around town."

And there's this ... Heather acknowledges Barbie "loves her papa" and says she's heartbroken.

'Notebook' director Nick Cassavetes is on the hunt for his 13-year-old daughter, whom he says has disappeared ... and he says it's all a diabolical plot by his estranged wife.

Law enforcement tells TMZ ... Cassavetes filed a police report. He claims Heather Wahlquist has been on the run with Barbie for the last month. He says he has ferociously tried to gain contact with Barbie to no avail ... her phone has been shut off and Heather refuses to take his calls.

Cassavetes has filed a crime report claiming Heather is violating their custody arrangement and has effectively stolen Barbie from him.

Cassavetes tells TMZ, "My 13 year old daughter Barbarella Cassavetes has gone missing, her mother repeatedly ignoring and disobeying court orders and stipulations. Heather Wahlquist is on the run, refusing to let me see Barbie, ignoring mandatory court appearances, and evading law enforcement."

Jennifer Hudson is putting out a bunch of not-so-sly disses against her ex, David Otunga, which he says violates the gag order in their bitter custody war ... TMZ has learned.

David filed docs this week calling out Jennifer for allegedly throwing repeated public jabs his way. In the docs, David points a Dec. 4 episode of "The Voice" where Jennifer is talking to Davon Fleming, one of the contestants. She makes a crack about her relationships never lasting.

In the docs, David also accuses Jennifer of shading him with an Instagram video where she's whispering about hate and jealousy. She never says David's name, but he thinks it's all about him.

He wants the judge to find Jennifer in contempt for violating the gag order.

Mel B's making it incredibly difficult for Stephen Belafonte to sell one of their houses because she won't let him in the house ... this according to Stephen Belafonte.

Stephen filed new docs saying Mel's breaking a divorce deal they hashed out back in November that included allowing Stephen into one of their houses so he can make repairs, stage it and help unload it.

In docs, obtained by TMZ, Stephen says he's been in contact with a realtor who has a buyer with plenty of cash and is interested in buying the crib. Problem is ... Stephen claims Mel's blocking his efforts. He said the potential buyer has more than $6 million in cash in one bank account and even offered to swap houses if that would make it easier for Mel.

Stephen also says Mel's not letting him see their kid. Stephen's case in point -- when he showed up to pick up 6-year-old Madison at school only to find out the nanny beat him to it.

Stephen wants the judge to enforce the deal they agreed to.

Bethenny Frankel is taking her ex-husband back to court for custody of their daughter ... and she might be using his stalking and harassment case as leverage.

Bethenny reopened her divorce case against Jason Hoppy, according to docs filed December 6. She's most likely seeking full custody of their 7-year-old daughter, Bryn ... since they'd previously reached a custody agreement in 2014.

Since then, Hoppy was ordered to stay away from Bethenny after he allegedly told her, "I will destroy you." He was charged with stalking and aggravated harassment, and struck a plea deal in the case.

Jeremy Meeks' estranged wife put him and his attorney on blast for slut shaming her, and going MIA on his son ... financially and otherwise.

Melissa Meeks just filed legal docs asking for child support and says he stopped paying for his kid. She says he left her to pursue his modeling career while she's left caring for their son, and she wants money from him. She says she's going broke paying the bills.

She also throws shade on Jeremy's attorney, Vicki Greene, saying, "Shame on Ms. Greene for attempting to slut shame me."

Melissa says Jeremy and Vicki criticized her for talking about her private parts on a reality TV show. She blasts Jeremy as a hypocrite, saying, "Jeremy struts around on a catwalk in his underwear and that's ok for our son to see, but my attempts to help shape my public image are wrong?? I would not even have a public image if not for Jeremy's tabloid adventures."

She adds, "I am shocked that Jeremy and his attorney attempt to slut shame me as they do."

Jennifer Hudson is returning to work while still in the middle of the custody battle with David Otunga, and if nothing else ... she's determined to feel cozy.

J Hud was in Manchester Thursday, wearing big puffy slippers, sweats and a knitted hat. She's there to shoot her second season as a 'Voice UK' judge.

As we reported, Jennifer lifted the protective order against Otunga on Monday ... allowing him to have David Jr. while she's working overseas.

7:56 AM PT -- A source close to Jennifer says the singer would have no issue testifying in court because she has witnesses to back up her account of the altercation that went down the night before she filed the order of protection.

Further, the source says Jennifer would never make up something like this, and put her child through such an ordeal.

Jennifer Hudson dropped the protective order against David Otunga so she could avoid a courtroom grilling about the abuse allegations he's always denied ... at least that's how people connected to him see it.

Sources close to Otunga believe Jennifer was NOT being generous, or looking out for their son, when she dropped the order. If she didn't, she would have to show up in court and testify, under oath, to what she wrote in docs -- that she was in fear for her "physical and emotional safety and that of my son."

Our Otunga sources insist he did not behave threateningly toward David Jr. or Jennifer. They say she knows that, and that's why she dodged saying it on the stand.

As we reported, sources on Jennifer's side say she made the move in the best interest of their kid ... avoiding a messy court battle.

One source connected to David says Jennifer simply didn't expect him to defend himself so vigorously -- and she had to back down or admit David was right ... he was NOT a danger to her or their child.

Jennifer Hudson agreed to let David Otunga see their son again, but only because he's out of her house and no longer a physical threat to her ... according to sources connected to the singer.

The sources say Jennifer dropped the restraining order keeping Otunga away from 8-year-old David Jr., purely in the child's best interest. Although Jennifer's restraining order docs say, "I am now living in fear for my physical and emotional safety and that of my son" -- we're told she was referring to emotional scarring David Jr. would suffer if he saw his father threaten his mother.

She never accused Otunga of physically threatening their child. As we reported, Otunga's been removed from their home, and as a result, we're told Jennifer's satisfied as the emotional risk to their son is no longer present.

As for who's been the child's primary caregiver -- our Jennifer sources say she's always made mothering her top priority, even while working to support the family.

When she first went to London a year ago to shoot 'The Voice' ... she not only brought Otunga and David Jr., but she also paid Otunga's mom to tutor her grandson. She did the same during her 6-month Broadway run in "The Color Purple."

On the issue of custody going forward -- as we reported, David Jr. is with his father right now while Jennifer works in London. However, sources on her side stress David hasn't won anything. The judge hasn't ruled on custody yet, and neither parent's been deemed "primary" caregiver.

Mel B and Stephen Belafonte have struck a deal in their bitter divorce war ... but a judge still has to sign off on it to make it official.

In legal docs obtained by TMZ ... Mel and Stephen struck a deal on November 8 and agreed to the following:

-- Stephen will destroy any compromising videos of Mel

-- Stephen gets spousal support for the next 3 years but the amount listed in the docs has been redacted

-- Neither will pay child support but will share joint legal custody of 6-year-old daughter Madison

-- Stephen and Mel agree to a schedule for sharing physical custody

-- Stephen gets access to the family house to retrieve personal belongings, including childhood photos, clothing and artwork

-- Sell the house and divvy up the profits

TMZ broke the story ... the deal comes on the heels of Mel and Stephen settling the domestic violence portion of their nasty divorce.

Daivd Otunga just won a big legal victory in his custody battle with Jennifer Hudson ... he gets their son for Thanksgiving.

TMZ has learned both sides squared off in court Tuesday and David made his case to spend the holiday with 8-year-old David Jr. TMZ broke the story, cops threw David out of the family home after Jennifer got an order of protection claiming she was afraid David would hurt her and her son. David says she's lying and vengeful because they were at an impasse over custody.

We've learned, according to the new order, David Jr. will be with his dad from Thanksgiving day at 3 PM to 7 PM the following day.

There's a hearing set for Monday where David will ask the judge to vacate the order of protection.

We're told David will also ask the judge on Monday to give him temporary custody of David Jr., claiming he's the primary caregiver. He also wants possession of the residence -- where he pays rent -- during the 2 weeks she'll be traveling for work -- between November 26 and December 8.

Tyrese may have regained 50/50 custody of his daughter, but turns out there were strings attached.

The judge issued a series of conditions, including:

-- Neither Tyrese nor Norma Gibson can use corporal punishment in disciplining 10-year-old Shayla.

-- Tyrese must take parenting classes focused on appropriate disciplining of his daughter.

-- Both Tyrese and Norma must enroll in "high conflict parenting classes."

-- Tyrese and Shayla must enroll in joint therapy with a psychologist. Shayla must also undergo individual counseling.

According to the order, Tyrese has Shayla for both XMAS and New Year's -- and all of his visits with her must be spent in Southern California ... until April 30.

As we reported, Norma claimed Tyrese brutally disciplined their daughter, but the judge didn't buy it.

Tyrese just scored a big victory in court after a judge denied his ex's request for a permanent restraining order which would have severely restricted the actor's access to his daughter, Shayla.

The judge ruled Tyrese and Norma Gibson will get 50/50 joint custody beginning in January. Until then, we're told both sides have worked out a visitation schedule that will allow Tyrese to see Shayla over the holidays.

After court, he didn't have much to say about the ruling ... but made it clear he will eventually.

As we reported ... Norma claimed Tyrese physically abused the 10-year-old, claiming he beat her 12 to 16 times. Tyrese says he only struck her once on the bottom, and that Norma is simply vengeful.

Over the course of the 3-week court battle, Tyrese has posted multiple videos chronicling his own personal turmoil.

Tyrese had an online meltdown that he blamed on a Rx drug he was taking for depression.

He also claimed Will Smith and Jada Pinkett Smith gave him $5 million to dig himself out of a financial hole, but that turned out to be false.

Nonetheless ... the restraining order is now history, opening the door to a renewed relationship between father and daughter.

Jennifer Hudson played super dirty by sneaking into court to get an order of protection against baby daddy David Otunga to get a leg up in their custody dispute ... so claims Otunga's lawyer.

Attorney Tracy Rizzo just filed legal docs asking the judge to throw out the order of protection a judge granted Thursday, forcing Otunga out of the family home and requiring him to stay clear of Jennifer and their 8-year-old son, David Jr.

Rizzo says she and David were blindsided by the order of protection and Hudson's lawyer never gave them any notice of the hearing. She says Hudson's endgame was to "gain an unfair advantage" in their custody negotiations which reached an impasse Wednesday, trying to make David look like the villain.

In the new docs, David is clear ... "All of the allegations ... are false. I have never physically pushed J. Hudson or in any other way harmed or threatened J. Hudson or our son."

Rizzo wants a hearing next Tuesday to vacate the order of protection, and David wants to be with his son for Thanksgiving.

David claims he's been the primary caregiver of David Jr. since birth. Jennifer says she's been the primary caregiver.

Tyrese Gibson will finally find out today if the restraining order that's keeping him from his daughter will be lifted -- but on his way into court Friday he didn't sound horribly optimistic.

The operative words he used as he arrived at court ... "sacrificial lamb" ... and it was clear he thinks that's what he's going to be when the judge rules. He also went off about the medication he was prescribed ... which he blames for his recent emotional outbursts on social media.

As for what's happening in court ... the judge has dropped the restraining order keeping Tyrese away from his ex-wife, Norma Gibson. But what matters most to him is whether he gets to see his daughter, Shayla.

Stay tuned for that ruling ...