Angelina Jolie's custody battle with ex-husband Brad Pitt could have taken a different path had their children testified against their father.

In December 2020, lawyers for the 46-year old asked the court to allow three of the couple's six children to testify since they were of age. They reportedly already know what the proceedings will be about. The exes share daughters Shiloh, 15, Zahara, 16, twins Knox and Vivienne, 12, and sons Maddox, 19, Pax, 17.

"The children whose custody is at issue are old enough to understand what is going on," reads the document obtained by US Weekly.

"The trial is necessarily going to impact them emotionally. Three of the children have asked to testify. To make any of the children endure what may be a futile and void proceeding is beyond unjustified. It is cruel."

The court documents were said to be part of Jolie's attempt to disqualify Judge John Ouderkerk from the case. She believes he may give bias judgments given his alleged connections to Pitt's legal team. The "Maleficent" star argued that it would not have reached the point where the children had asked to testify if the judge had been removed.

The papers were unearthed after the judge granted the "Moneyball" star tentative joint custody of the six children in May. The actress' legal team said she has no problem with the ruling. But she had issues with how the judge reportedly handled the case unfairly.

In additional court documents filed earlier this year, Jolie said Judge Ouderkerk refused to hear evidence or testimony from her children, which she said was important to the case.

"Judge Ouderkirk denied Ms. Jolie a fair trial, improperly excluding her evidence relevant to the children's health, safety, and welfare, evidence critical to making her case," reads the documents.

The couple's eldest, Maddox, has reportedly already given his testimony against his father in March. His statements were said to be "unflattering" for Pitt.

A follow-up hearing is already scheduled for July 9, wherein a three-justice panel will grant Jolie and Pitt's attorneys time to present an argument. Sources claimed that Jolie planned to use "everything she's got" to reverse the judge's joint custody ruling.

Angelina Jolie
Jolie and her children Maddox, 15, Pax, 13, Zahara, 12, Shiloh, 10 and eight-year-old twins Knox and Vivienne attended a free public screening of her film AFP/Getty Images