Anne Heche’s former partner, James Tupper, has been denied guardianship of their son, Atlas.

The Donnie Brasco actress died in August at the age of 53, after she was left with serious injuries following a car crash.

In the weeks after her death, Tupper was locked in a battle with Anne’s other son, Homer Laffoon, over the legal guardianship of 13-year-old Atlas.

A judge in California has now ruled that there is not enough evidence to prevent Homer from being appointed as the teenager’s guardian.

James appeared in court in LA by his lawyer, Christopher Johnson, as well as Atlas – but was reprimanded by Judge Lee Bogdanoff over his requests to have the 20-year-old removed as administrator of the late star’s estate.

‘We’re not nominating, we’re not deciding who’s the greatest person here,’ judge Bogandoff said, via People Magazine. ‘In order to prevent disappointment as administrator, I’d have to find that there are grounds for his removal. That’s fraud, conflict of interest, doing something terrible.’

When Johnson argued that Homer wasn’t qualified to serve as the administrator, he continued: ‘Sir, in California if you’re illiterate you can be an administrator. If you can’t read, you’ve never gone to college, you can be an administrator.

‘The fact that he may be generation Z or whatever, or maybe he’s a chill guy, that doesn’t disqualify him. Maybe he’s not the greatest communicator, that doesn’t disqualify him. None of it does…

‘We’re not here to pick like the best person. I’m here to decide if he’s qualified, or disqualified.’

According to the outlet, James reportedly shook his head at this, riling the official up even more.

‘Why are you shaking your head? It’s very disrespectful,’ he said. ‘Don’t shake your head at me – ever if you’re going to appear again. Please take your hands out of your pockets, sir. You want to say something?’

In response, James added: ‘Sure. I don’t feel that his older brother is going to look out for him. We’ve waited two months to get into the apartment.’

Following the ruling, Homer’s lawyer said in a statement: ‘We are pleased – but not surprised – with the court’s ruling this morning denying James’ petition to appoint himself guardian ad litem for Atlas.

‘We look forward to the court resolving Homer’s petition at the next hearing and, in the meantime, Homer will continue to diligently administer the Estate pursuant to his authority as Special Administrator.’

Another hearing is due to take place on November 30.

Anne was declared legally dead on August 11 after a horror crash in California, but remained on life support until matches were found for her organs to be donated.

She was ‘peacefully taken off life support’ on August 14, nine days after the crash.

‘We have lost a bright light, a kind and most joyful soul, a loving mother, and a loyal friend,’ her rep said in a statement at the time.

‘Anne will be deeply missed but she lives on through her beautiful sons, her iconic body of work, and her passionate advocacy.

‘Her bravery for always standing in her truth, spreading her message of love and acceptance, will continue to have a lasting impact.’

Her death was ruled as an accident by the Los Angeles County Medical Examiner-Coroner, citing smoke inhalation and thermal injuries as the cause of death.

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