Britney Spears and Kevin Federline are heading back to court this week. K-Fed has petitioned the court for an emergency custody hearing after Brit was videotaped surfaced of running a red light in Los Angeles on Nov. 8. Her court-appointed monitor was in the car with her sons in the backseat.

“Ms. Spears was being mobbed by paparazzi at the time,” her attorney Sorrell Trope tells PEOPLE. “She was distracted. This was not blatant irresponsible driving on her part.”