The kids have not seen Britney in a year, a source tells ET.
Kevin Federline wants to plant roots in Hawaii with his and Britney Spears' two sons, ET can confirm, with a source telling ET that he doesn't envision the pop singer objecting to the move.
A source tells ET that Federline's powerhouse attorney, Mark Vincent Kaplan, sent a letter a little over a week ago asking if Spears would be open to letting their sons relocate to Hawaii with Federline and their stepmom, Victoria Prince. Federline and Spears share sons Jayden, 16, and Sean, 17, neither of whom attended Spears' wedding to Sam Asghari in June 2022.
The source further tells ET that if Spears objects to the plan, Federline is prepared to go to court and ask permission from the judge, since Spears hasn't seen her sons in more than a year and they want to relocate. The source says such a drastic measure is unlikely to happen and that the case will never make it to court because Spears will likely accept the move.
According to the source, Federline has DJ opportunities in Hawaii and Prince has a job offer at a university there. Federline's sons are eager to make the move sometime in July, at which point Jayden would continue classes remotely and Sean will have already graduated.
TMZ was first to report Federline's plans.
Kaplan spoke to ET's Kevin Frazier and further explained why he sent the letter to Spears.
"Well, the reason I sent the letter on behalf of Kevin to Britney is that Kevin has an opportunity available to him to relocate to Hawaii, and the boys are very excited if they're able to relocate to Hawaii," Kaplan said. "And even though Kevin has sole legal custody over the existing orders and even though Kevin has had what we call defacto sole physical custody or, for the last 15 months or more, the law still requires you to get the consent of the other co-parent."
Kaplan confirmed that if the consent doesn't happen, he'll have to file and obtain an order "authorizing Kevin to relocate with the boys."
Kaplan added that he'll file a petition in court if Spears either does not respond to the letter or refuses Federline's request.
"We would probably be filed in the next 10 days or so but I'm thinking that she will come to the right decision and that pursuing this by traditional decree is not going to be necessary, I hope," Kaplan added. "
Kaplan confirmed that there hasn't been "any exercise of visitation or custody in the last year," and he believes Spears "will do the smart thing and not object."
The plan comes some eight months after Federline's 60 Minutes: Australia interview, in which he said the boys were happy about Spears' conservatorship being terminated after 13 years.
"Both of them were super happy for her," Federline revealed. "You know... because it's not always about what's right, it's about this is what Mom wanted, you know, what Mom got."
Following a whirlwind romance, Spears and Federline tied the knot in a surprise wedding in October 2004. They'd go on to have their two sons in the two years following their nuptials. But in 2006, Spears filed for divorce from Federline.
Around the same time as the 60 Minutes: Australia interview, Jayden spoke with ITV News and expressed that he wanted to fix the estranged relationship he has with Spears.
"I 100 percent think this can be fixed of course," said Jayden, whose interview was conducted in the presence of his father and with his permission. "It's just going to take a lot of time and effort... I really want to see her again."
Asked if he had anything else he wanted to say to his mom, Jayden said, "I love you a lot, I hope for the best for you. Maybe one day we can sit down like this and talk again."
Spears later responded to Jayden's interview.
"I say to my son Jayden that I send all the love in the world to you every day for the rest of my life !!!!" she wrote in a lengthy post on Instagram. "My love for my children has no boundaries and it deeply saddens me to know his outcry of saying I wasn’t up to his expectations of a mother … and maybe one day we can meet face to face and talk about this openly !!!!"
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