The Los Angeles court commissioner overseeing Britney Spears and Kevin Federline’s custody case has given the pop star monitored visitation rights to her two sons but said they will remain under the sole physical custody of Kevin for the time being.

Britney was expected to attend the three-hour closed-door session yesterday but despite being advised to present herself by her lawyer, she stayed away - instead being spotted by paparazzi at a petrol station in the San Fernando Valley. Kevin attended the meeting with his lawyer Mark Vincent Kaplan.

Britney’s lawyer Sorrell Trope argued that Monday’s ruling, stripping Britney of custody of sons Sean and Jayden, was unfair and the 50/50 custody split should be reinstated but Los Angeles County Superior Court Commissioner Scott Gordon was reportedly unimpressed by Britney’s non-attendance in the court.

A court source told the Sun: “It’s like Britney doesn’t care. Although she wasn’t required to attend the hearing, it was expected that she would show up in person to show she has a valid driving licence, to show she cares about getting her kids back.”

“Her no-show did not impress the judge and only worsens her chances of ever getting her custody restored.”

But Commissioner Gordon did granted Britney monitored visitation rights to the two and one year old boys, with a court spokesperson explained “Britney’s access to her kids works out to about every other day. The visits will not necessarily occur back-to-back.”

Speaking after yesterday’s developments, Mark Vincent Kaplan said regarding Monday’s ruling: “The court had significant evidence that these obligations were not complied with. And we’re not talking about Kevin.”

“We felt the orders were justified and Kevin was pleased with the orders in place. [The children] are good and right now they’re in [Federline’s] custody.”

“This was the first day that he had custody of his children and he felt it was important for the court to see who he is and to be there should the court have any desire to ask him anything.”

Britney’s lawyer Sorrell Trope refused to comment on yesterday’s hearing, saying it would be “totally inappropriate” to do so “without my client’s expressed permission - and she’s not here.”

Both parents are required to attend the next hearing the ongoing case on 26th October.