Austin filed for divorce from the former Homeland actress last year (15) after four years of marriage and they have been embroiled in legal spats ever since over custody of their three-year-old son Julius.

The Brazilian-American star needs to take a trip to Brazil to visit her dying grandmother and she wants to take Julius along with new partner, Gotham co-star Ben McKenzie and their daughter Frances Laiz Setta Schenkkan, who was born in March (16).

Morena reportedly asked Austin for his permission to take Julius last month (Oct16) but he refused due to his concerns about the Zika virus, a mosquito-bourne virus which can cause birth defect microcephaly, among other symptoms. He apparently said officials at America's Centers for Disease Control and Prevention (CDC) don't know the long-term risks for children who contract the virus.

According to, Morena has filed paperwork asking a court to issue an order to force Austin to let them go, as the child's paediatrician agrees the virus is "not a concern" for him.

The former couple had originally agreed to joint legal custody of Julius while Morena would have primary physical custody but this arrangement hit a set back when Austin moved to Los Angeles from where his actress ex lives in New York.

When the divorce was granted in March (16), it was revealed they still needed to work out how to split their assets and come to an agreement over Julius. Morena had previously been ordered to pay him $23,000 (£18,500) in child and spousal support in November, 2015.

It was first reported the 37-year-old was dating her co-star Ben in July, 2015 and their baby news was revealed in September (15).