Britney Spears did not respond to eight of 14 random drug test requests, Kevin Federline's attorney said in court Thursday.
Alleging the singer lives in a "parallel universe," lawyer Mark Vincent Kaplan reminded the court that the singer had been reprimanded three times by Commissioner Scott Gordon for failing to be reachable by phone.
"Mr. Federline doesn't want to take these children out of their mother's life, but what are we to do?" Kaplan said.
Spears's lawyer, Anne Kiley, called the current drug testing procedure "unconstitutional," adding that just because the singer may fail to respond to testing calls doesn't mean she's using drugs. Kiley also pointed out that Spears has passed multiple tests successfully.
Explaining why Spears frequently changes her phone number, Kiley said the singer's number often falls into the wrong hands.
When Commissioner Gordon stated that responding to a morning call wasn't an extreme request, Kiley shot back: "But you're not a pop star with a No. 1 album to promote." (Spears's new album Blackout is No. 2 on Billboard.)
Commissioner Gordon ordered both attorneys to reconvene at 10:30 a.m. to hammer out a new plan for testing.
Currently, Spears must submit to twice-weekly random drug and alcohol tests, and is required to give a urine sample within six hours of being called.
The drug testing facility is under court order to attempt to reach the singer three times within one hour. A missed test is considered a failed test.
On Oct. 30, Spears's visitation rights with her sons Preston, 2, and Jayden James, 1, were scaled back after her parenting coach was critical of the pop star.
Spears "rarely engaged with [her] children in either conversation or play" during their monitored time together, the coach testified last month.