(In the above pic Britney was snapped with her boys leaving Taverna Tonys in Malibu on September 30th)
Britney temporarily lost custody because she was accused of not taking a random drug and alcohol test and she couldn’t provide a California driver’s license, her lawyer told People magazine.
After a closed-door hearing Monday, a judge ordered that, from Wednesday, Kevin Federline gets physical custody of Sean Preston, 2, and Jayden James, 1, “until further order of the court.”
L.A. Superior Court Commissioner Scott Gordon didn’t outline his reasons in the written ruling, but Britney’s attorney, Sorrell Trope, says, “We weren’t able to prove compliance with what the judge ordered.”
“Specifically,” Sorrell Trope says, “the judge ordered that by 10 a.m. Monday morning, both parties show valid California driving licenses. I’ve been unable to produce evidence of that.”
Later Monday, after handing over her sons to a bodyguard of Kevin’s, Britney applied for a California driver’s license in Van Nuys.
Britney, 25, has been charged with misdemeanor driving without a valid license and hit-and-run following a fender-bender in a store parking lot on August 6th.
Sorrell Trope says another reason behind the judge’s temporary custody ruling “was a claim by Mr. Federline’s attorney that she had not complied with a previous order the court had made – before I came on board as lawyer – about having a random drug and alcohol test.”
Sorell Trope adds: “There’s no evidence that she actually failed a test.”
However, the courts see the failure to take a test as the same thing as not passing the test.
Another hearing is set for Wednesday.
Kevin’s attorney declined to comment in detail on the court proceeding. But a source close to Kevin says he was “thrilled” after receiving news of the temporary custody change.
Wow…this is just plain awful! So, she didn’t actually fail any drug/alcohol tests…she just didn’t take them. I don’t understand how a court can possibly see that as being exactly the same as failing a test. What about “innocent until proven guilty!?” Also, no one should have physical custody of their children taken away from them just because they don’t have a valid driver’s license! And the “hit-and-run” fender-bender was probably just Britney trying to escape the paparazzi that chase her CONSTANTLY! It sounds like Kevin is being a real jerk…and probably using money he stole from Britney to pay for some sleazy and aggressive lawyers!