According tocourt docs obtained by ET, the Call Me by Your Name star is seeking joint custody of his and Chambers' two children, daughter Harper, 5, and son Ford, 3.
The former couple was quarantining together in the Cayman Islands at the start of the coronavirus pandemic, but Hammer returned to Los Angeles after they announced their split in July.
"Armie returned to Los Angeles this past July, with a promise from Elizabeth that she and the children would follow shortly thereafter," Hammer's lawyers state in legal documents, which were first reported on by The Blast. "To date, however, Elizabeth and the children remain in the Cayman Islands and Armie has not seen the children in several months now."
"When I asked Elizabeth when she was coming home, however, she first told me that the airports were closed. Then I was informed through her attorneys that flights were merely limited but that she and our children would be back in Los Angeles on the first flight in October," Hammer says in his response. "It is now several weeks into October and they have not returned."
In court docs obtained by ET, the couple has been ordered by the LA Superior Court to attend, whether virtually or in person, a mediation on Dec. 20, to discuss any disagreements about the custody and/or visitation of their children. A mediator will meet with them to assist in developing a parenting plan that is in the best interest of the children and mutually agreeable to both parties.
However, if an agreement is made using the online program with the court, the two will not need to attend mediation.
"Thirteen years as best friends, soulmates, partners and then parents. It has been an incredible journey, but together, we’ve decided to turn the page and move on from our marriage. As we enter into this next chapter, our children and relationship as co-parents and dear friends will remain our priority," they said in a joint statement. "We understand this news lends itself to public dialogue, but in the interest of our children and our family, we’re asking for privacy, compassion and love during this time."
In court docs obtained by ET at the time, Hammer had already requested joint legal and physical custody, while Chambers was seeking joint legal custody and primary physical custody of their children.
In his response, Hammer also listed their date of separation as Jan. 22, 2020, noting that they were a married couple for less than 10 years, while Chambers claimed it was over 10 years in her filing, also obtained by ET. Chambers listed her and Hammer's date of separation as July 6, 2020. In California, this could affect spousal support, which Chambers is requesting.
Just last month, Hammer admitted that his separation hasn't been easy.
"I don’t think you’ll find anyone in the world who would ever say what I’m going through is an easy thing to go through," he said in an interview with GQ. "It’s not about whether it was your idea or not, or whether you think it’s the right idea or you don’t. Either way, a separation like this is a seriously seismic event in someone’s life."