Last I heard... back when Scott and Hilarie were discussing it (with Scott's personal assistant, Diana in the room) Hilarie hit Scott with the cell phone, and they got taken downtown and she was charged with "Assult with a deadly weapon" and got, I believe, 3 days in jail. That was a REALLY long time ago. Like, still during or just before the Weathered Tour.
As far as I am aware, Scott has FULL custody of Jagger, and hopefully will have. I haven't heard anything since then of Hilarie at all.