There is no such thing as joint custody in the tax world. The custodial parent (you) can give the other parent a signed form 8332 (Dependent Release Form) to give the other parent the right to claim the dependency and child tax credit. That is the only credit he can take as the noncustodial parent, even if you do give him the 8332.
The custodial parent (you) retains the right to claim EIC and child care credit as well as file as head of household if otherwise qualified. He has claimed the children, but did he also take the credits you were entitled to? Depending on how he filed, you are probably going to have to file by mail.
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