Britney Spears' new attorney files to remove Jamie Spears as conservator

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Britney Spears’ new attorney filed a motion Monday to remove her father as her conservator, making it the second attempt to free the singer from her dad’s oversight.

Former federal prosecutor Mathew Rosengart, who was hired onto Britney Spears’ case July 14, told the court he intended to make the filing after he was approved to take the singer’s case. James “Jamie” Spears has been accused by his daughter in court of abusing his power over her and ruining her life through the conservatorship.

The filing Monday requests the court remove Jamie Spears from his daughter's case and replace him with Jason Rubin, calling it an "objectively intelligent preference to nominate a highly qualified, professional fiduciary in this circumstance."

"This petition is being filed concurrently with a petition for removal of current conservator of the estate, James Spears," the motion to appoint Rubin said.

The text later adds that the petition to appoint Rubin is not waiving Britney Spears' rights to seek termination of her conservatorship.

Rubin and representatives for Jamie Spears did not immediately return NBC News' requests for comment. An unrelated hearing is scheduled for later Monday to address security costs in Britney Spears' conservatorship case.

During a hearing July 14, Britney Spears told Los Angeles County Superior Court Judge Brenda Penny that she wanted to remove her father, have him investigated and charged with abuse. She said that her father has controlled every aspect of her life, from her diet to 70-hour workweeks.

She explained that her issues with her father span many years, saying her parents left her alone in their trailer multiple times a week. She said she used to fear that Jamie Spears would "show up drunk and embarrass her," referencing her father's past issues with alcoholism.

Jamie Spears, father of singer Britney Spears, leaves the Stanley Mosk Courthouse on Oct. 24, 2012 in Los Angeles. (Nick Ut / AP file)
Jamie Spears, father of singer Britney Spears, leaves the Stanley Mosk Courthouse on Oct. 24, 2012 in Los Angeles. (Nick Ut / AP file)

Britney Spears broke down in tears during the hearing, telling Penny she was “extremely scared” of her father.

Rosengart briefly addressed the court after the judge approved his hiring, calling on Jamie Spears to resign.

“If he loves his daughter, it is time to step aside — to move forward," Rosengart said.

He reiterated his criticism of Jamie Spears outside the courthouse, telling reporters that his firm will be taking a “top to bottom look” at how the man has handled his daughter’s conservatorship.

“We will be moving promptly and aggressively for [Jamie Spears’] removal,” Rosengart said. “The question remains: Why is he involved? He should step down voluntarily as that is in the best interest of Britney Spears.”

Vivian Thoreen, attorney for Jamie Spears, told the court that Britney Spears' belief that her father is to blame for all her concerns is "simply not true" and that there is no basis for Jamie Spears to step down from her case. She also alleged there were a number of "misstatements" made in Britney Spears' June 23 testimony, when she asked to end the conservatorship.

This is the second time in the past two years that Britney Spears has petitioned the court asking to remove her father.

Jamie Spears has been in charge of his daughter’s case in varying capacities since it began in 2008 and was temporarily made the sole executor of her estate in 2019 after his co-conservator, Andrew Wallet, resigned.

Britney Spears’ former court-appointed lawyer, Samuel D. Ingham III, filed the first petition to have her father removed in 2020, after Wallet’s resignation. Ingham said Britney Spears was afraid of her father and would rather have a professional handle her case.

Her first petition was denied by Penny and the financial institution Bessemer Trust was assigned as Jamie Spears’ co-conservator. But Bessemer Trust resigned following Britney Spears’ June 23 testimony, telling the court it was unaware the singer wanted to end the conservatorship.

Jamie Spears currently shares his responsibilities with Jodi Montgomery, who has handled Britney Spears’ medical and personal affairs since being appointed her conservator-of-the-person in 2019.