Britney Spears has lost her bid to oust her father, James Spears, as the conservator of her estate—and the singer’s lawyer now says she will not perform as long as he remains in the position because she is afraid of him.

On Tuesday Los Angeles Superior Court Judge Brenda Penny declined to suspend Spears, widely known as “Jamie,” from the position he’s held for the past 12 years. But she will consider future petitions for his suspension or removal from the position, according to the Associated Press, and she also granted the singer’s request that the Bessemer Trust, a corporate fiduciary, be named a co-conservator.

The hearing was conducted by phone and videoconference, the Los Angeles Times reports; the singer herself was absent but both of her parents, Jamie and Lynne Spears, were present.

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