Jaime King's custody case now involves the Department of Children and Family Services (DCFS)

A minute order from the hearing obtained by In Touch magazine stated: "The court learns that Department of Children and Family Services are involved with the case."

The order also noted there are no temporary orders in effect.

Neither Jaime nor the 48-year-old director were present for the hearing, but Kyle - who also wants the 'Black Summer' actress to submit to drug an alcohol testing - previously detailed how he felt the children were "in danger" with their mother after alleging she had suffered a "major relapse" in her battle against addiction.

He said in his petition to the court: "The children are currently in danger when in their mother's care. Jaime King is suffering from drug and alcohol addiction and is emotionally abusing and neglecting our children; placing them in danger and exposing them to many disturbing people and situations, including sexual content.

"The children are begging me to help rescue them from the chaos in their mother's home."

The 'Barely Lethal' filmmaker told the court Jaime has a history of "severe drug and alcohol abuse and has had a major relapse endangering the safety and wellbeing of our children in her custodial care", and told how the boys had called him on 17 October begging to be picked up from their mother's house.

He said in a declaration: "I arrived [at] Jaime's house around 7:45 a.m. I knocked on the door and was greeted by the boys. I went inside and I saw Jaime sitting on her knees on the floor, wearing a navy blue and white varsity, her hair was in pigtails and she appeared to not be wearing any pants (or maybe had short shorts on). There were two men there.

"Jaime looked distressed, strung out and was acting drunk. She gestured for me to come over to her because she tried to get up but could not stand. Jaime was slurring her words and said, 'Those are bad boys. We have to do something about our boys. Their behaviour is not right.' "

He also claimed his sons told him: "Jaime and her friends frequently smoke inside the house with the doors and windows closed."

He continued: "The children repeatedly ask her not to and mention the dangers they read about smoking on the American Cancer Society site. One night in June, they opened the door for fresh air. She blew the smoke in both their faces and said, 'That website is propaganda,' and laughed and continued to smoke inside the house near them and closed the door.

"Jaime loves our children and we want her to get help - I am, however, unable to force her to get help and cannot allow our children to be in a constant state of danger and abuse as a result of Jaime's addiction issues."

The actress' lawyer, Diana D. Hagopian, denied the allegations.

She said: "The allegations against Jaime are entirely false and intended to cause her harm and garner damaging media attention.

"It is unfortunate that Mr. Newman continues to utilize the court in attempt to continue ... the filing of unfounded malicious claims and to use the children as weapons and pawns without regard to their privacy.

"Jaime is intent and solely focused on a peaceful and harmonious coparenting process and her utmost priority is the happiness, health, and well-being of their children."