Kristin Cavallari, 33, and Jay Cutler, 37, have agreed to split custody of their three children — Saylor James, 4, Camden Jack, 7, and Jaxon Wyatt, 5 — 50/50, as part of their ongoing divorce battle, according to docs filed in a Tennessee court on May 4 and obtained by HollywoodLife. The court docs detail that both Jay and Kristin are prohibited from “speaking badly” about one another or “the members of the family of the other parent” while in front of the children. The former couple are also encouraged to ensure that their children “love the other parent” and are “comfortable in both families.”
“The Mother and Father will behave with each other and each child so as to provide a loving, stable, consistent and nurturing relationship with the children even though they are divorced,” the court document states. “They will not speak badly of each other or the members of the family of the other parent. They will encourage each child to continue to love the other parent and be comfortable in both families.”
Holidays are to be split evenly, although Jay will have the kids for Father’s Day and Kristin will have the kids for Mother’s Day. When it comes to Thanksgiving, Christmas and New Year’s Day, both Jay and Kristin will switch between odd and even years and follow guidelines per school releases and reconvening. The 50/50 split comes as a surprise in the former couple’s ongoing divorce proceedings. In her April 24 counter-complaint to Jay’s April 21 divorce filing, Kristin initially sought to be the “primary residential parent” after denying that her husband was always the “available at home parent and primary caretaker” of their three young kids.On April 28, however, it was noted in Kristin’s Motion For Distribution file that Kristin’s desire to purchase a new $5.5 million home was to facilitate their “nesting agreement,” switching custody of their children every three days. One parent would stay with the kids in the family home while the other one moves out and vice versa, every three days. The May 4 document crystalizes their new plan of going week-by-week with their children; Jay will have the children for a week, and then Kristin.
Jay and Kristin married in 2013 after dating for roughly three years. They initially called off their engagement in 2011, but reconciled. Jay filed for divorce on April 21 after six years of marriage. Kristin entered a counter complaint on April 24 and the two made the news public on April 26 via Instagram. Their split comes as a surprise to longtime fans, as their legal proceedings continue to take place in the public eye. As Jay and Kristin continue to navigate this difficult time in their lives, one thing was made clear in the documents; both agreed “that this parenting plan is in the best interest of their minor children.”