KEVIN FEDERLINE's lawyer will demand BRITNEY SPEARS appears in court early in 2008 to give evidence in the couple's prolonged child custody battle.

Mark Vincent Kaplan has accused Spears of delaying the hearing, after she postponed the last court date on 12 December (07) claiming she was sick, despite being photographed out in Los Angeles with a friend the same day.

Kaplan says, "She was, in fact, out later that day and night. It's not fourth grade where you get a doctor's note and it's all OK.

"Britney Spears will have her deposition early (next) year. We've got a lot to talk about." Spears and Federline are battling over custody of their two sons, Sean Preston, two, and one-year-old Jayden James. Federline currently has full custody after the singer defied court orders.