Tennis ace Victoria Azarenka will miss the US Open this year because of an ongoing custody battle with ex-boyfriend Billy McKeague over their 8-month-old son, Leo, TMZ reported Friday.

After McKeague filed custody documents in Los Angeles, where Azarenka, 28, has a residence, a judge informed the Belarus-born athlete she is unable to leave the state of California with her infant son as the custody dispute drags on. With the case set to wrap in October, Azarenka will skip the Open, which kicks off Aug. 28 in New York, as she refuses to leave her child in the hands of her former beau.

Azarenka’s attorney, famed divorce lawyer Laura Wasser, reportedly told the judge the tennis superstar would purchase a plane ticket for McKeague and accommodate him in a hotel for the duration of the tournament, but the offer was declined. The gossip site also alleges the judge has refused to defer to Belarus’ court, where Azarenka already has a valid custody order.

Azarenka and McKeauge welcomed their first child last December before calling it quits in July.

The former No. 1-ranked player in the world last competed at Wimbledon, losing in the fourth round to Simona Halep.