A source tells ET that the actor is trying to fight for '50/50 custody to be put in place and stay in place.'
Brad Pitt is looking to the courts to intervene when it comes to his ongoing custody battle with his ex, Angelina Jolie. The hearing that was set to take place on Monday has been delayed, ET has learned.
One of the points planned to be discussed is Pitt's desire for equal joint custody.
"Brad is asking for 50/50 custody to be put in place and stay in place," a source tells ET. "Angelina wants to be fair when it comes to custody. She is very structured with the children. Brad has high hopes [they can] try to make it work because of the importance of co-parenting."
The actors had originally reached a custody agreement in November 2018. However, their agreement faltered when the two could not reach an accord in regards to the private judge they'd sought to adjudicate in their divorce case.
The source tells ET, "Brad, for the most part, has been respectful of Angelina's parenting. While he doesn't agree with everything, he knows she loves the kids and wants the best for them. He also knows his love and presence are needed."
The source further states that Pitt has "done everything he can to avoid a court situation" but feels he has been "left with no other choice," if he wants to be allowed more time with his children.
"It's important to Brad that the kids don't worry about their parent's current situation and that they don't feel stuck in the middle in any way," the source says. "This is a challenge because of their age, but he's doing what he can."
"Brad has avoided this court scenario for years, and the last thing he would ever want is for this to have a negative outcome for everyone," the source adds. "This is about getting his time with the children."
Another source tells ET, "No one wants this case over more than Angelina."
Despite some reports that Jolie has dictated the scheduling arrangements in regards to Pitt's custody and visitation time, ET has learned that neither parent has had control of the children's schedule in the past four years.
All scheduling has been decided by the courts throughout their custody battle.
Prior the recent legal snag over the petition to remove the private judge, it appeared that the exes were in a place where they were ready to co-parent. Back in June, Pitt was snapped leaving Jolie's Los Angeles mansion on his motorcycle, marking the first time he's been spotted at her home since their 2016 breakup.
A source told ET at the time, "Brad and Angelina have come a very long way and they're finally in a place where they both want to work together to raise their kids. They have no plans to reconcile and any communication between them is regarding their children's needs and future."
The long-planned custody trial is expected to commence on Monday. However, further delays are possible as the issue of contention regarding their private judge has not yet been amicably resolved.
For more on the years-long divorce battle, see the video below.
-- Additional reporting by Adriane Schwartz and Rande Iaboni.
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