Britney Spears’ child visitation rights will be the main
topic of a court hearing scheduled for today in the well-known singer’s custody
battle with her ex-husband Kevin Federline.
Federline’s attorney says his client will testify about a standoff
at the singer’s home earlier this month when she allegedly refused to return
her two boys to their father.
According to the police report, authorities were called to
Britney’s residence on January 3 to solve a “family custodial dispute”
involving returning her sons, Sean Preston, 2, and Jayden James, 1, to their
father who came to take them after her time with them expired.
Britney was taken by ambulance to Cedars Sinai
Hospital on a 5150
(72-hour) hold, as the police present at the scene of the incident requested. She
was released within 40 hours, after doctors determined she was not a threat to
herself or to society.
Because of the sordid incident, the court stripped Britney
of all visitation rights with her children, after they were reportedly
traumatized by the event.
“I don’t know if she
will be there,” Mark Vincent Kaplan, Federline’s lawyer told The Associated
Press, but he suggested she would have to be there if she wants to press her
request to see her children. “You can’t phone this one in.”
"She will have the opportunity to persuade the court that she can have
some visitation under monitored conditions," if she comes to court, he
further said, according to the AP.
Kaplan said that the court decision he had obtained two weeks before grating
Federline full custody of the children was a temporary measure.
“These are very, very draconian orders. Because of that, the court wanted to
have a hearing to give her and her attorneys the opportunity to refute some of
the declarations. No judge likes making orders terminating a person's involvement
with their kids," the AP quoted Kaplan.
He also expressed his desire to question Spears about the January 3 incident
and give her the opportunity to defend herself. According to a family law
expert, the hearing scheduled for today is the singer’s only chance of
regaining visitation rights before a custodial trial in April.
“Usually, when someone has the threat of losing their children, they'll do
anything to get their children back. This is not a punishment for her. It's
what's in the best interest of the children. The judge has to carefully weigh
their safety versus not seeing their mother. It's drastic to have no contact
with their mother," said Lynn Soodik, a family law expert who predicted visitation
rights could be restored if Spears appears and offers an explanation.
Kaplan said if visitation rights were restored, they would be under more
restrictions than those originally imposed by Commissioner Scott Gordon who awarded
Federline sole legal and physical custody of the boys and suspended Spears’
visitation rights after the January 3 incident.
Spears’ attorney did not return any phone and e-mail messages requesting a
comment on Sunday afternoon.