Throughout the ongoing Nick Loeb-Sofia Vergara lawsuit and controversy, Sofia’s position has remained unchanged. Nick and Sofia made some embryos together and to use or destroy those embryos, it would take both Nick and Sofia’s authorization. That’s why Nick is suing Sofia: we wants sole custody of their embryos, which would violate the legal contract they had together. Well, the lawsuit is making its way through all the appropriate legal channels, and it looks like that’s going to keep happening: Loeb was given permission on Friday to move ahead with the lawsuit.

Nick Loeb refuses to back down and now, he and Sofia Vergara are heading back to court. Vergara’s ex was granted permission today to file an amended lawsuit allowing him to seek custody of the two female embryos that were created from his sperm and Vergara’s eggs while they were still in a relationship.

The revised complaint is the first time Loeb is seeking custody, and the paperwork includes a new claim that Vergara, 42, breached an oral agreement to create the embryos and bring them to term via a surrogate. “He does believe they are his daughters,” Loeb’s lawyer Christina Goodrich explained on Tuesday.

Today, Vergara’s lawyer Fred Silberberg told the Santa Monica, Calif., court that Goodrich took too long to file this argument. “[The] plaintiff is using this lawsuit to continue to attack [Vergara] in the press and continue to have his own visibility in the press,” he said.

As Vergara and Loeb signed a consent form that required they both have to agree before anything can be done with the embryos, Silberberg added, “There is no legal issue.”

Silberberg also made a statement in court that is the opposite of Loeb’s stance and sure to have pro-life advocates up in arms: “Embryos are not children.”

When the 39-year-old businessman originally sued Vergara in August 2014, it was to ensure that the actress did not destroy the embryos. Through her lawyers, the Colombian-born actress has explained that she doesn’t want to use or destroy them but simply leave them frozen.

[From Entertainment Tonight]

This isn’t really a victory for Loeb, it just means that the lawsuit can move ahead and it will be decided further down the line by some other judge. It’s difficult to believe that Loeb would ever really “win” the right to nullify a legal, written contract, but I suspect that the victory for Loeb is merely dragging this out, getting more attention, and “punishing” his ex-fiancée in any way he can.

Speaking of punishment, People Magazine confirmed the previous reports that Loeb claims Sofia physically and emotionally abused him. People Mag got their hands on the latest court documents, in which Loeb claims Sofia “physically abused him on four separate occasions: she punched him in the face on two occasions, kicked him, and threw her phone at this head.” He also says Sofia “routinely bullied him… [called him] worthless and a loser.” For the love of God.

Photos courtesy of WENN.