Usher and ex-wife Tameka Foster arrived in a Fulton County, Georgia, court on Friday for an emergency custody hearing regarding their two children. 

Awkward silence filled the courtroom as the two parties sat opposite each other waiting for the judge to enter the chambers and for the hearing to begin. The R&B star was dressed in a gray suit with a crisp white shirt buttoned to the top.

The couple was in court to continue their ongoing custody battle over their two children together, Usher Raymond V, 5, and Naviyd Ely Raymond, 4. On Tuesday, Usher Jr. was involved in an accident in which his arm got caught in a pool drainage pipe. He was rescued by a home contractor who successfully performed CPR on the boy.

While Foster is requesting temporary primary custody of her sons, Usher’s attorney John Mayoue asked for a dismissal. “The children are not only better off with Mr. Raymond, they are thriving,” he began. “The only new thing is the pool accident. We are asking that this emergency motion be dismissed. This is an effort by Ms. Raymond to gain publicity. … This is her sixth attempt to change custody. By my count she’s on her 9th lawyer (in the past year).”

After a lengthy opening statement, the judge instructed Usher’s counsel to move on to the emergency hearing at hand, rather than focusing on the larger custody discussion.