Damning testimony from a “secret” witness secured by celebrity pitbull Gloria Allred has been allowed in the custody hearing between Britney Spears and ex-husband Kevin Federline-set to hit the L.A courtroom scene on Monday.

According to Fox News: Forget reports that the “secret” witness doesn’t matter or won’t be heard. In fact, last week Allred filed a signed declaration from the witness, described only a man who’s had close observation of Spears behavior with her kids, with the court.

The judge in the closed hearing case, Commissioner Scott Gordon, has the declaration, and does not have to rule on it. He can simply read it and enter it into the case’s existing papers. The only way the witness would testify is under cross examination. In other words, the declaration has already served as testimony. It would only be if Spears’s side decided to question that the witness would be asked to speak.

“You may recognize him as we walk into court,” Allred tells Fox. “But maybe not. He is not famous. He’s just someone who’s concerned about the kids.”