Kevin Costner’s Estranged Wife Cries on the Stand During Child Custody Hearing

Kevin Costner and his estranged wife, Christine Baumgartner, have been engaged in a better child custody battle over the past several weeks. Now, Entertainment Tonight reports that Baumgartner teared up on the stand during their most recent court hearing. According to an eyewitness who spoke with the outlet, Baumgartner “started tearing up and reached for a tissue” during questioning, prompting the judge to call a five-minute break.

The eyewitness also offered some insight into Costner’s demeanor. “He seemed irritated when Christine’s attorney said that he should pay for both attorney fees,” they stated. “He visibly shook his head when the lawyer said he could afford to pay for both.” The eyewitness also noted that Costner, 68, made sure to glance over at Baumgartner, 49, prior to her testimony. “He would sip his water and he would look at her,” they recalled. “He was not averting his gaze.”

Baumgartner, 49, filed for divorce from Costner, 68, earlier this month, citing irreconcilable differences and listing the date of separation as April 11. She also requested joint custody of their three teenage children: Cayden, Hayes, and Grace. In his legal response, Costner also cited irreconcilable differences, as well as asked for joint custody of their kids. PEOPLE previously noted that Costner’s filing mentioned a prenup, which is apparently referenced due to potential issues of spousal support, properties, and legal fees. Costner and Baumgartner had been together for 18 years, marrying in 2004.

Later reports shed some light on the reason for the split. A source told PEOPLE Costner’s work schedule was very demanding, which put a strain on the couple’s relationship. The insider added that the actor “knew” his wife was “unhappy.” Despite this fact, the divorce filing was said to be an unexpected “unpleasant surprise.”

“Christine wants them to spend family time at their Santa Barbara home. During filming, Kevin is not around very much. His absence has been very hard for her,” the source said, later adding that one of Costner’s newest projects was a major catalyst in their division. “Christine doesn’t want him to throw himself into another project. He has been obsessed with filming Horizon since last year. She wasn’t happy about it.” Horizon is a movie that Costner has been developing. Some reports have indicated that the passion project led to Costner pulling away more from his hit Paramount Network series Yellowstone, which has now been canceled.