The realtor won a restraining order against Sheen after claiming he had threatened her life - and then was given physical custody of the tots.

RadarOnline.com cameras captured the emotional moment when Sheen handed over the kids.

But the embattled actor is planning to fight to regain custody of his twin sons and he has filed papers in Los Angeles.

Sheen will be in court on Tuesday unless he can reach a deal with Mueller before midnight on Monday (07Mar11).

The couple has been in settlement talks since late last week, with Sheen at one point announcing a deal had been struck - but that fell apart on Friday (04Mar11) because of the actor's breach of a confidentiality agreement during a media blitz.