Judge denies Sia’s estranged husband emergency custody request for their son

A judge denied Sia’s estranged husband an emergency custody request for their 19-month-old son Somersault (Summi) as part of their ongoing divorce, according to documents obtained by Fox News Digital.

Dr. Daniel Bernad filed the request earlier this week, and asked the court to grant him “sole legal and physical custody” of their son due to the “Chandelier” singer’s alleged “reckless” conduct. He also accused Sia of being “an unfit and unreliable parent struggling with substance abuse and addiction.” 

The musician fired back that Summi never spent more than “two hours in Dan’s presence” without Sia, and claimed the initial “restrictive, agreed-upon arrangements” established in August for their son were due to Bernad’s involvement in an investigation regarding alleged “illicit child pornography found on his computer hard drive.”

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A judge denied Sia’s estranged husband an emergency custody request for their 19-month-old son Somersault (Summi) as part of their ongoing divorce, according to documents obtained by Fox News Digital. (Matteo Prandoni/BFA.com)

On Wednesday, the court found “that sufficient exigency for the requested emergency relief has not been shown at this time,” documents stated. 

“The parties entered into a stipulated legal custody and interim physical custody arrangement on August 1, 2025. Most of the facts asserted in Respondent’s RFO were known at that time. The ex parte RFO is denied without prejudice. It may be resubmitted on the Court’s regular RFO calendar.”

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Representatives for the estranged couple did not immediately respond to Fox News Digital’s request for comment.

In Bernad’s emergency request, the oncologist claimed his estranged wife deliberately and repeatedly concealed “that she was hospitalized for two weeks in September,” during a time when she was supposed to be in Italy with their son. 

“She tested positive for barbiturates and benzodiazepines, with no legitimate medical explanation,” he claimed. “She unilaterally and unlawfully transferred written power of attorney over Summi to her nannies in direct violation of our joint legal custody agreement.”

Sia claimed her estranged husband never spent more than two hours unsupervised with their son. (Frazer Harrison)

He alleged, “Sia is an unfit and unreliable parent struggling with substance abuse and addiction, rendering her incapable of providing safe or stable care for Summi. I am the only safe and reliable parent for our son. I am a doctor, young, healthy, and have no criminal history or drug or alcohol addiction issues. I request that the Court grant my Ex Parte to protect Summi from further harm and to guarantee that he is safe, secure and properly cared for.”

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Bernad claimed he witnessed Sia abuse “ketamine and other drugs” during their relationship. She allegedly purchased $20,000 worth of ketamine during a trip to Egypt, and claimed she was “too famous and rich to ever get arrested.” 

In another alleged incident, Bernad claimed he discovered Sia on the ground in her bedroom with “approximately $15,000 of Ketamine in her pockets.”  

The doctor also asked for more than $77,000 per month in child support, and for Sia to be fiscally responsible for all child care costs.

In a response filed to her estranged husband’s request, the “Unstoppable” singer claimed she’s been sober for over six months, and has “repeatedly agreed to drug testing.”

Sia filed for divorce from Dan Bernad in March on the grounds of “irreconcilable differences.” (Valerie Macon)

She acknowledged that the Los Angeles Police Department’s investigation into claims Bernad had child pornography on a hard drive was deemed “inconclusive” and “unfounded.” As of Oct. 2, the case had been closed/suspended due to no evidence of a crime.

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Sia filed for divorce from Bernad in March after two years of marriage on the grounds of “irreconcilable differences.” 

“Since filing the Petition in March 2025, Sia has paid Dan approximately $300,000 including $100,000 in May, $50,000 per month since August, and covering five months of his hotel accommodations and psychotherapy and other expenses,” she wrote. 

“Dan’s attempt to weaponize my past sobriety journey – an issue long resolved and well-documented – serves no legitimate purpose and is intended only to distort the facts and undermine my credibility before this Court. His willingness to dredge up decades-old history to serve his own financial and strategic interests demonstrates the extent to which he will go, even at the expense of his child and the child’s mother.”

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