ELON Musk and Grimes have gone to battle over custody of their three children.

It was reported this week that Grimes sued Musk for custody of their children, but it has since been reported the tech billionaire made the first move.

It’s now understood Musk sued Grimes on September 7 to try and build a relationship with and gain access to his kids.

In court filings obtained by Insider, Musk claimed Grimes moved to California in an attempt to keep the kids away from him and the reach of Texas courts.

He said he desired to “establish the parent-child relationship” in the filings and also said Grimes lived with him from May to July of 2023.

He also called her moving to California “an apparent attempt to circumvent jurisdiction.”

Musk said in the filings that he thought the custody dispute would settle, but wanted Texas courts to be involved just in case. According to Insider, Grimes was served on September 13.

She filed her own case on September 29 requesting physical custody of the children and a “standard restraining order” which would prevent the children from leaving California.

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The new Twitter owner desired to keep the case private, saying any information “would jeopardize the health, safety or liberty” of himself, Grimes, and their kids.

The children were not named in any filings and Musk and Grimes were only referred to by their middle initials.

A hearing was originally scheduled for Friday but has been delayed.

The former couple had desired to keep their personal lives personal in the past, but the custody date appears to have changed their approaches.

“Whatever is going on with family stuff, I just feel like kids need to stay out of it, and X is just out there,” Grimes told Vanity Fair last year.

“I mean, I think E is really seeing him as a protégé and bringing him to everything and stuff.”

As opposed to last month, when Grimes directly called out Musk to let her see her son.

“Tell Elon to let me see my son or plz respond to my lawyer,” Grimes wrote in the since-deleted post.

Grimes also posted pictures on Twitter of Musk and Shivon Zilis, another woman he has a child with, in a rant about their relationship.

Musk never responded to any of these comments.