Britney Spears did not make an appearance at her children's custody hearing at 8:30 this morning in LA. At the hearing a judge did not make any ruling on Spears's request for overnight visitation with sons Sean and Jayden. Instead, he told the popstar's attorney that he didn't consider it an emergency. "Your client made a conscious choice not to do anything that was ordered," the judge said. "That was a choice. That put us in this position." Spears's lawyer argued, "I do think it is an emergency for a 2- and a 1-year-old to be with their mother. I feel it warrants overnights. For a 1- and 2-year old it is developmentally and psychologically traumatizing to have their routine disrupted. They need a normal routine at home. Right now, visitation ends at 3 and at that point they are taking naps and are woken up from their naps." The judge countered, "I think you are right. These are important times. But at the same time this is a person who is dealing with challenges. And the challenges are substance abuse issues and emotional issues that could have devastating effects on the children." He then instructed both parties to talk things over in the court cafeteria. As for Spears's prep for the today's court hearing? She reportedly left her house after midnight, drove around town and later arrived at a private house at 2 a.m. She appears to have stayed in the home through the emergency hearing."