An information and analytics digest for everyone going abroad or staying home
Law zone

Britney freed from Spears

The trial drew attention to the issue of "toxic guardianship"

As reported by "Russkaya Germaniya", Los Angeles Superior Court Judge Brenda Penny agreed with the petition of Britney Spears and her attorney to remove Spears from guardianship over his daughter. "The current situation reflects a toxic environment that requires the removal of James Spears," Penny stated.

Britney herself was not present at the hearing and did not participate in any way. Her father appeared remotely, but his attorney spoke on his behalf, asserting the father's impeccable reputation and asking that he not be removed from guardianship.

After the court, the singer posted a video on social media of her flying on a plane alone for the first time. According to a source close to the singer, Spears was "stunned, didn't know what to say, but was literally jumping for joy, she hadn't felt such happiness in 13 years."

Britney Spears' attorney, former federal prosecutor Mathew Rosengart, took on the case in July 2021. Before that, since 2008, the singer's interests were represented by another court-appointed lawyer. He was influenced by the singer's father and did not tell Britney that she could petition to end the guardianship. Shortly after these details came to light, the previous attorney withdrew from the case.

Rosengart repeatedly used the word "toxic" in the singer's defense, characterizing the woman's relationship with her father and referencing the singer's hit song of the same name (Toxic), so that eventually even the judge used this epithet when issuing her ruling. After the verdict was announced, the attorney stated that Britney Spears "faced a decade-long nightmare" orchestrated by her closest relative. He promised to present even more serious evidence of James Spears' misconduct in the future.

In essence, the court considered two questions at once: whether to terminate the guardianship over Britney Spears entirely, or only to remove the father Spears from guardianship, transferring this role to someone else. In the final weeks of the court, James Spears himself began asking the court to terminate the guardianship over his daughter and not transfer it to anyone else. According to Rosengart, the father thus wanted to prevent anyone from gaining access to documents on how he managed his daughter's affairs.

In Britney Spears' case, the guardianship was divided into two parts: one concerning her as a person, and the second related to the singer's finances and business dealings. At a hearing on September 29, the court ordered that control over Britney Spears' finances be transferred to accountant John Zabel, and the singer's manager Jodi Montgomery will be her temporary guardian. A final decision on terminating the guardianship over Britney Spears may be made at a hearing on November 12.

Britney Spears' most striking court appearance took place in June 2021. The singer said that her father forced her to work, take strong medication, prevented her from becoming pregnant or making purchases. Moreover, he influenced her communication with her children and her boyfriend.

The guardianship over Spears was established nearly 13 years ago due to problems with alcohol and drugs, as well as against the backdrop of a divorce from her husband and disputes over parental rights to their two sons. For a long time, Spears continued to release albums and give concerts, while the real situation of Spears under guardianship was not publicly known.

The first to speak out about the harm of control over Spears were her fans, who launched the #freebritney movement. After that, investigations appeared in the media proving that the singer was under guardianship against her will, and her father controlled her entire life. In particular, he installed listening devices in her bedroom. As a result, Spears herself stated that she was stopping concert activities while her life was controlled by her father, and on the eve of the decisive court hearing, Netflix released the documentary "Britney vs Spears," which summarized information about the violation of the singer's rights.

On the day of the court ruling, the street in front of the courthouse was blocked, allowing hundreds of Britney Spears fans to march and hold a rally near the court in support of the singer. Speakers described cases of guardianship that negatively affected their families.

According to US law, guardianship is appointed in cases where a person is unable to manage their own life due to dementia or some other mental illness. Thanks to the Spears case, the shortcomings of the guardianship institution and cases where relatives engage in psychological pressure on other family members without sufficient grounds have increasingly been publicly discussed in the US. And although no one knows how many people suffer from excessive guardianship, the Spears case has accelerated changes in legislation regulating laws on legal guardianship.

In particular, California Governor Gavin Newsom signed a bill to strengthen oversight of guardians and toughen penalties for those who do not act in the interests of their clients. In addition, a legal subcommittee of the US Senate held hearings on "toxic guardianship," which were inspired by the singer's case.